Discuss the issues of president's delay in commuting death sentences. Has there come under public debate as a denial of justice? Should there be a time specified for the president to approve or reject such petitions? Analyse.
Main Body
Article 72 gives power to president to pardon, commute, reprieve, remit, etc. of a punishment given by courts to a convict. Commutation: Commutation of death sentence means converting the death sentence into other forms of punishment like life imprisonment. Delay in Commutation: (1) No time limit: There is no time limit specified in Article 72 of Constitution, within which president can take decision. (2) Rarest of Rare Case: In Bachan Singh Case it was held that death penalty should be given to very rare cases. (3) Politically sensitive issue: Commuting a death sentence can be influenced by public opinion and political atmosphere for eg: A.G. Peruvanillan Case, Nirbhaya Case, Afzal Guru Case. (4) Red Tapism: President sends the mercy plea to Home ministry when the bureaucratic procedure consume lot of time.
Arguments for specifying time limit: (1) Mental Torture: The delay in commutation causes lot of mental trauma and agony to prisoners (violates Article 21). (2) Supreme Court Judgement: In Devendra Pal Singh and Bhullar Shatiyghan Case, SC said that inordinate delay in deciding mercy plea will automatically convert death sentence to life imprisonment. Along with specifying the time limit other systems should also be taken to reduce Red Tapism, speeding the criminal justice system, etc to provide complete justice because as they say justice delayed is justice denied.
Abhishek Singh
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Presidential Powers and Mercy Petitions
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