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Mercy Petition
Context:
President Droupadi Murmu rejected the Mercy Petition filed by Pakistani National Mohammed Arif who was sentenced to death for a Terrorist attack on the Red Fort.
More on News:
- Mohammed Arif was implicated in the terrorist attack at the Red Fort on December 22, 2000.
- In 2005, the Trial court convicted him and sentenced him to death.
- The Delhi High Court and the Supreme Court subsequently upheld the trial court’s decision.
- Mohammed Arif then filed a mercy petition with the President, seeking clemency.
About Mercy Petition:
- A mercy petition is a formal request made by a person who has been sentenced to death or imprisonment, seeking mercy from the President or the Governor of a State in India.
- The process of granting a pardon in India starts with filing a mercy petition to the president under Article 72 of the constitution.
- Firstly, Rashtrapathi Bhavan forwards the petition to the Ministry of Home Affairs (MHA) for seeking the Cabinet’s advice on the matter.
- Petition is discussed by the home ministry in consultation with the concerned state government.
- It is only then the MHA formulates its advice and tenders it to the President, on behalf of the Council of Ministers.
- Constitutional Framework:
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- Under Article 72 of the Indian Constitution:
- President shall have the power to grant Pardons, reprieves, respites or remissions of punishment or
- to suspend, remit or commute the sentence of death.
- Under Article 161 of the Indian Constitution:
- The Governor of a State shall have the 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.
- But he cannot pardon the death sentence.
- Under Article 72 of the Indian Constitution:
- In case of Maru Ram vs Union of India:
- Supreme court held that President cannot exercise his personal discretion in this matter; rather, he functions on the aid and advice of Council of Ministers.
- In case of Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors:
- Supreme Court held that President’s decision in a mercy petition is subject to judicial review.
- Pardon: When the President pardons, both the sentence and the conviction of the convict are completely absolved.
- The court in Kehar Singh v. Union of India justified the existence of a ‘Pardon’.
- Respite: Awarding a lesser sentence in place of one originally awarded to the convict.
- For example, in the pregnancy of a woman offender.
- Reprieve: Staying the execution of a sentence (especially that of death) for a temporary period to enable the convict to have time to seek pardon or commutation.
- Remit: To reduce the period of the sentence, but the character of the sentence remains the same.
- E.g. A sentence of rigorous imprisonment for two years remitted to rigorous imprisonment for one year.
- Commute: Substituting one form of punishment for a lighter form.
- For example, a death sentence may be commuted to rigorous imprisonment.
Legal precedents on Death sentence cases:
- Bachan Singh vs State of Punjab :
- The “rarest of rare” doctrine for determining when the death penalty may be applied was established by this seminal judgement.
- According to the Supreme Court, the death penalty should only be applied when other penalties are demonstrably insufficient and the nature of the crime shocks society as a whole.
- Machhi Singh vs State of Punjab:
- Supreme Court laid down the broad outlines of the circumstances when death sentence should be imposed:
- Manner of Commission of murder
- Motive
- Anti-social or socially abhorrent nature of the crime
- Magnitude of the Crime
- Personality of victim of murder
- Supreme Court laid down the broad outlines of the circumstances when death sentence should be imposed:
- Shatrughan Chauhan vs Union of India:
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- The Supreme Court widened the paradigm of “right to life” under Article 21 of the Constitution of India
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- If there is inordinate delay in disposal of mercy petition by the President the court can commutate death sentence.
- Law Commission recommendation:
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- The Commission in its 262nd Report (2015) recommended the absolute abolition of the death penalty for all crimes other than terrorism related offences and waging war.
- Cases found unfit for mercy should be punished with the death penalty.
