Why in the News?
- The President of India has rejected a Mercy Petition to pardon a Pakistani terrorist.
- The accused was one among the Lashkar-e-Tayyeba terrorists who attacked the Red Fort in 2000, killing two soldiers and a civilian guard.
What is the process of Mercy Petition?
Judiciary on Mercy Petitions:
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About Presidents’ Pardoning Powers under Article 72
- According to Article 72, the President of India has 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 offense: In cases where the punishment or sentence is by a Court Martial;
- According to Article 161, the Governor of a State has 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 against any law relating to matters under the executive power of the State.
- In the recent Supreme Court Ruling of 2021, the apex court held that the Governor of a state can pardon prisoners, including those on death row, even before they have served a minimum of 14 years of their prison sentence.
Did you know?
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Cases as specified by Art. 72
In all cases where the punishment or sentence:
- is by a court-martial.
- is for an offence against any law relating to a matter to which the executive power of the Union extends.
- is a sentence of death.
Nature of the Pardoning Power
- The pardoning power of the president is not absolute.
- At a procedural level, the apex court in Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) has held that the President’s power must be exercised based on the aid and advice of the Council of Ministers and can be challenged on multiple grounds including that relevant material was not considered, the power was exercised based on political considerations, or there was no application of mind.
- This has not been discussed by the Constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of presidents or governors exercising mercy jurisdiction.
PYQ:[2014] Instances of President’s delay in commuting death sentences have come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. |