The Supreme Court’s verdict on commuting death sentences of 15 murder convicts on ground of “inordinate delay in deciding their mercy pleas” (by the Executive) merits deep appreciation . These had earlier been rejected by the President of India. The Court does not question the power of the President to reject mercy petitions. But, it can go into the issue of whether the Executive violated the rights of the death row convicts due to the inordinate delay. The capital punishment has been on the Statute book for over 150 years. The terror-related cases like : 26/11 convict Ajmal Kasab and Parliament attack convict Afzal Guru ,were processed expeditiously and as per law of the land and executions took place in 2012 and 2013 respectively. The Supreme Court concluded that those sentenced to death for terror offences could not invoke the argument about inordinate delay in disposing of mercy petitions. Former President Pratibha Patil during her five year tenure , commuted sentences of 35 death row convicts to life imprisonment. The execution rate in India has declined considerably during the past few decades.
In these circumstances, the moot point is : Whether capital punishment should continue ? It has been there on the Statute for a number of serious offences for over 150 years. It is high time the Law makers had a re-think on whether to retain death penalty or abolish it save in terror-related cases. While,98 countries have abolished death penalty, 58 are retaining it.The inordinate delay in executing death penalty ( except in terror related cases) amounts to double Jeopardy. Waiting for death verdict for long , is also a punishment. The extent of political pressures and those of business houses exerted on GOI while processing mercy petitions, is beyond one’s imagination.GOI’s decision to seek a review of decision by SC, is misplaced.
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