PIL seeks norms for disposing mercy pleas

Tribune News Service

New Delhi, December 11

A PIL was filed in the Supreme Court seeking a direction to the Centre to frame guidelines for time-bound disposal of mercy petitions, contending that absence of specific procedure allowed a convict to take undue advantage of such a situation to effectively convert a capital punishment into life term.

Filed by advocate Shiv Kumar Tripathi, the PIL said power to grant pardon is an extra ordinary power and it has to be exercised by the concerned authority with “great care and caution”.

Under Article 72 of the Constitution, the President has power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. Governors have similar powers under Article 161 of the Constitution.

A mercy plea is the last resort available to a convict after he/she has exhausted all legal options. But a decision taken by the President or a governor is subject to judicial review.

The PIL wanted the top court to ask the Centre to fix a time-frame to decide on mercy petitions