Delay in deciding mercy plea violates convict's rights: Supreme Court

NEW DELHI: Delay on government's part in deciding a mercy plea or in execution of a death sentence is violative of a convict's right and valid grounds to commute the sentence, SC ruled Monday and directed Centre and states to set up dedicated cells for dealing with mercy petitions.

It said this while upholding a Bombay HC order that commuted death penalty of two convicts in 2007 Pune BPO employee gang-rape and murder case to "life term for a period of 35 years" on grounds of an inordinate delay in deciding their mercy petitions and executing their sentences.

A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih said the Executive must promptly deal with mercy petitions filed by convicts on death row. When delay from date of filing of mercy petitions till the date of issue of warrant of execution is inordinate and unexplained, right of a convict guaranteed is violated, SC said, while noting that there was a delay of four years in deciding the mercy petitions before Maharashtra govt and the President, and in issuing warrants for executing the sentences.

"This right must be upheld, and it is duty of courts to do so," SC said and added, "Keeping a convict in suspense while considering his mercy petitions by governor or President for an inordinately long time will cause agony to him/her. It creates psychological stress on convict."