The Constitution of India’s stand in Presidential clemency is –
‘The articles 72 and 161 of the Indian Constitution add a human touch to the country’s judicial process by conferring powers on the President and the Governors of various states, respectively to grant pardon or show mercy to criminals sentenced to death. These two articles of the Constitution of India endow the President and the Governor with the power to view the mercy applications of convicts with kindness. They can review the applications without having to view it from a legal angle like that of legal experts who base their opinion solely on the basis of available evidence and the testimony of witnesses.
The powers of the President and the Governor are applicable in these cases:
- where the punishment or sentence is by a court martial.
- the offence is against any law relating to a matter to which the executive power of the union extends.
- where the sentence is a sentence of death.’
- http://www.lawisgreek.com/constitution-of-india-and-provisions-for-mercy-pleas
- Pardon is at the sole discretion of the President and not to be claimed or demanded as a matter of Right and the decision of the President is final.
- If the courts were to stay the order of the Supreme Court and the rejection of the mercy petition is to be stayed by the High Court , what is the sanctity of the offices of Supreme Court and the President?
- If the Court were to stay the execution, and if some one were to file a petition against this stay, will the courts again take up the matter?
- Then there will be no end to the process and it will be a mockery of Law.
- Ram Jethmalani argues that the President took eleven years to decide on this and hence the sentence has to be commuted.
- If at all any one has to take the blame and be punished, it is the President/s who sat on the petition , which you can not do.
- Now the High Court has extended the decision making process delayed by another 8 weeks, Jethmalani can add this period and ask more vehemently for commutation of the sentence.
TheMadras High Courton Tuesdaystayed the executionof three Rajiv Gandhi assassins for eight weeks. On the other side, the Tamil Nadu Assembly also adopted a unanimous resolution urging thePresidentto consider review petition of the assassins……
Defence counsel Ram Jethmalani argued that the mercy petition of the three men was rejected by the President after more than 11 years changing an earlier convention that any delay beyond two years meant death sentence would be commuted to life imprisonment.
Rajiv Gandhi was killed by an LTTE suicide bomber at an election rally in Sriperumbudur near Chennai on May 21, 1991…..
Assembly passes resolution on clemency
Meanwhile, the Tamil Nadu Assembly on Tuesday adopted a unanimous resolution urging the President to consider review petition of Rajiv’s assassins.
Chief Minister J. Jayalalithaa moved the resolution and the House passed it unanimously. It will now be sent to the President.
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