Whether can be
challenged on ground of violation of fundamental
rights--Mercy petitions--Expeditious disposal of--Necessity
Art. 20(1)-- Death sentence--Securing convict ... tled to overrule view of a smaller Bench.
Arts. 72, 161--Mercy petitions--Expeditious disposal
of-Necessity for.
Criminal Procedure Code , 1973: Sections
submitted to the President on 11.7.2005 with the recommendation that the
mercy petition of the petitioner be rejected. It is not borne out from ... President accepted the advice of the Home Minister and rejected the mercy
petition. The petitioner was informed about this vide letter dated
13.6.2011 sent
stated to be waiting
for a decision on his mercy petition by the President of
India for about 8 or 9 years. He is stated ... mercy
Petition before the President of India which remained undis-
posed till the filing of this Writ Petition.
It appears that mercy petitions presented
informed about rejection of his petition.
12. The writ petition filed by the appellant questioning the rejection
of his mercy petition was dismissed ... Court and the special leave petition
was dismissed by this Court. After rejection of the review petition, he
filed mercy petitions before the Governor
Thereafter, the petitioner filed a mercy petition before the
President of India on 02.11.1999. The said mercy petition remained pending
in the office ... which took about 13 years
and 5 months to decide the mercy petition of the petitioner. Due
to this inordinate delay in disposal
preferred seeking the
following reliefs:
“(a) call for the records of Mercy Petition dated
25.03.12 pertaining to clemency to the petitioner,
filed before ... mercy in view of his conduct. It is further
submitted that till date the petitioner himself has not
submitted any Mercy Petition. The Mercy Petition
appears that the
convicts are deliberately filling their respective Review Petition/curative
petition/mercy petition, or any other judicial proceedings one after another,
right ... mercy petition and to
execute death sentence within seven days thereafter irrespective of the stage
of review petition/curative petition/mercy petition
imposed upon the appellant".
5. Thereafter, the petitioner submitted his mercy petitions both to The President of India and The Governor of Tamil Nadu ... President of India. The Governor of Tamil Nadu rejected the mercy petition on 2.9.1998 itself. The President of India rejected the mercy petition
2014 that held that 'undue and unexplained delay in deciding
mercy petitions' was a legitimate ground for the death convicts to approach ... these petitions, we are concerned only with the rejection of the mercy
petitions of the Petitioners by the President of India under Article
Goel,CJ]
This petition seeks quashing of order rejecting the mercy petition of
the petitioner by the President of India, conveyed vide letter dated ... sentiment, unregulated
benevolence and misplaced sympathy".
3. The petitioner made mercy petition dated 4.6.1999 to the Governor
of Assam and the President of India
