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Petition filed in the Supreme Court seeking guidelines for time-bound disposal of mercy petitions

Team SoOLEGAL 2 Jul 2020 3:19pm

Petition filed in the Supreme Court seeking guidelines for time-bound disposal of mercy petitions

    A petition has been filed before the Supreme Court seeking guidance on the withdrawal of clemency/mercy petitions and the exhaustion of legal remedies by death row convicts and the execution of sentences, in a time-bound manner.

The petition further requests guidance for the Central and state governments to take the required action, within a specific time period, in compliance with the law, to impose the death penalty for those death row convicts who have exhausted all their legal remedies.

The petition was filed by Dr Subhash Vijayran, highlighting the case of the two-child murderers' sisters Renuka and Seema who have been convicted of kidnapping and murder, five innocent children whose death sentences, though confirmed by the top court.

While the Bombay High Court is hearing their post-mercy rejection Writ Petition in the ‘most lackadaisical manner’, since the past 5 years and 7 months.

It asserted that while convicts in the Delhi gang rape and murder case have been dealt with expeditiously because the victim's parents have provided support and resources to reach the justice system, victims in the child murderer case have been slum dwellers and lack of resources and support due to the death sentences of the convicts, while confirmed, has been on hold since 2014.

The petition claimed that the recent hanging of convicts in the Delhi gang of rape and murder resulted in sneering systematic inadequacies. It added that "there is selectiveness in going forward with executions and loopholes are solidly misused like they were in the Delhi case at the eleventh hour. This, it is argued, leads to social discontent."

The petitioner has, therefore, urged the Court to direct the Union and the States to dispose of, on time, of the clemency/mercy petitions pending before them and to forward their respective suggestions to Union of India, the President of India, and the Governor of State. The petitioner also requested directions for taking the requisite steps to administer the death sentence for such death row convicts who have exhausted all their legal remedies.

 

In the alternative, the petitioner sought that the "imposition of the death penalty" be ruled unconstitutional on the grounds of the "inability" of the State to enforce the sentence in a fair, just and equitable way, inter alia, because the death penalty was in breach of Article 14 of the Constitution of India.

 



Tagged: Supreme Court   legal remedies   Dr Subhash Vijayran   Bombay High Court   Delhi gang rape  
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