The following are the rules relating to the duties of Superintendents of Jails in connection with petitions for mercy from convicts under sentence of death : -(a)Rules framed by the Government of India.I. Immediately on receipt of a warrant for execution consequent on the confirmation by the High Court of a sentence of death, Jail Superintendent shall inform the convict concerned that if he desires to submit a petition for mercy, it should be submitted in writing within seven days of the date of such intimation.II. If the convict submits a petition within the period of seven days prescribed by Rule I it should be addressed both to the Governor of the State and to the President of India and the Superintendent shall forthwith despatch it, in duplicate, to the Secretary to the Government, Home Department together with a covering letter reporting the date fixed for the execution and shall certify that the execution has been stayed pending receipt of the orders of the Governor and the President of India on the petition. If no reply is received within 15 days from the date of despatch of the petition, the Superintendent shall telegraph to the Home Secretary drawing attention to the fact, but he shall in no case carry out the execution before the receipt of the State Government's reply.III. If the convict submits a petition after the period prescribed by Rule I, the Superintendent of the Jail shall at once forward it to the State Government and at the same time telegraph the substance of it, requesting orders whether the execution should be postponed and stating, that pending a reply, the sentence will not be carried out. If such petition is, however, received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the State Government and at the same time telegraph the substance of it, giving the date of execution and stating that the sentence will be carried out unless orders to contrary are received.IV. In the event of its coming to the knowledge of the Superintendent at any time before the execution of the sentence that altogether exceptional circumstances have arisen which plainly demand a reconsideration of the sentence, he is at liberty notwithstanding anything in the foregoing rules, to report the circumstances by telegraph to the State Government and ask its orders and to defer execution till they received.V. The Superintendent shall at once report back to the Home Secretary to the Punjab Government all telegrams communicating orders to him regarding petitions for mercy, by way of acknowledgement of their receipt.VI. When acknowledging the orders of the State Government and the intimation that the petition has been forwarded for the orders of President of India, the Superintendent shall certify that the execution remains stayed pending the orders of the President of India.VII. In the event of final orders from the State Government to carry out execution being received after the date fixed for execution by the Sessions Judge, the Superintendent shall appoint a day for execution not more than a week later than the date on which such orders actually reach him so as to permit of the usual formalities, e.g., summoning of relatives and friends to bid farewell, the making of a will, etc., being observed in due order and without precipitation. The date so fixed should be intimated to Government when acknowledging the orders of execution.VIII. When final orders are received by a Superintendent of a Jail from Government by telegram to carry out execution on the date fixed by the Sessions Judge, the Superintendent of the Jail should comply without waiting for postal confirmation, provided such date has not elapsed at the time he receives final orders. If this has expired the Superintendent should be governed by rule VII above.IX. On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and ensure himself that there is no communication awaiting him connected with the execution - (vide note 3) (Punjab Government letter No. 129 (Judl) D.C. dated 22nd January 1934).X. Every petition in Punjabi should be accompanied by a carefully prepared translation which, to ensure its accuracy, should be examined by the Superintendent while the Punjabi papers are being read out to him. The document should then be attested by the Superintendent and forwarded without delay by "Registered" Post in a Pink coloured envelope inscribed "Death Case - Immediate." standardized for use in all jails.Note 1. - The procedure laid down for opening dak in jail offices is indicated in Punjab Government letter No. 34419 dated 26th December, 1933 (Vide Note 1 at the end of paragraph).Note 2. - In forwarding a mercy petition, the Superintendent should certify that the execution has been stayed pending the orders of the Governor and the President of India and noting the pending orders of State Government. Further when acknowledging the orders of the Governor and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent should certify that the execution remains stayed pending the orders of the President of India.Note 3. - All the letters received daily should be opened by the Superintendent immediately, in his absence the Deputy Superintendent should open the whole dak. Further all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be another official designated by name who in the absence of the Superintendent due to any cause will be responsible for receiving and opening such communication at any time of the day or night.Note 4. - All letters acknowledging the receipt or orders of Government in death cases must be signed by the Superintendent or the Deputy Superintendent.Note 5. - The orders of the Government rejecting the petitions for mercy from condemned prisoners will be communicated to the Superintendent who would also promptly acknowledge the same by post. The orders of the Government declining to interfere and ordering the carrying out of the execution will be conveyed by telegram and such orders should be repeated back by the Superintendent telegraphically.Note 6. - The orders of commutation of death sentence and postponement of execution will also be communicated to the Superintendent by telegram/physically and should be acknowledged by the Superintendent of Jail by telegram.Note 7. - On the morning of any execution, the Superintendent of the jail shall before proceeding to the cell of the condemned prisoner enter his office and ensure himself that there is no communication awaiting him connected with the execution.Note 8. - While acknowledging any orders of Government postponing an execution the Superintendent shall state in his acknowledging letter that the execution has been postponed pending the further orders of Government.(b)Interviews and CommunicationsA. - General Rules.
