MERCY PETITIONS - POLITY
News: Red Fort case: What are the
standards for awarding death, the President’s ‘mercy’ power
What's in the news?
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President Droupadi Murmu has rejected a mercy
petition filed by Pakistani national Mohammed Arif who was sentenced to death
for the December 22, 2000 terrorist attack at the Red Fort in which three
people including two Army jawans were killed.
Mercy Petitions:
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A mercy petition is a plea made by a convict who
has been sentenced to death or life imprisonment to seek mercy from the President or the Governor of the state.
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It is the last
alternative available to the convict after exhausting all legal remedies.
Constitutional
Provisions:
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The power to grant mercy is derived from Article 72 and Article 161 of the
Constitution of India, which vest this prerogative in the President and the
Governor respectively.
Objectives:
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Mercy petitions are based on the principle of human dignity and compassion, and they
aim to provide a chance for rehabilitation and forgiveness.
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The purpose of mercy petitions is to provide an
opportunity for the executive to consider various
factors that may not have been taken into account by the courts, such as
the age, health, mental condition, family circumstances, or socio-economic
background of the convict.
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It is also a means to correct any possible errors or miscarriages of justice that may
have occurred during the judicial process.
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Mercy petitions are meant to be an act of grace and humanity, and not a matter
of right.
Procedure for Filing a
Mercy Petition:
Guidelines of Supreme
Court:
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The decision on mercy petitions should be taken within a reasonable time,
preferably within 3 months from the date of receipt of the petition.
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The decision should be based on relevant grounds and material facts, and
not on extraneous or arbitrary considerations.
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The decision should be fair, just, and transparent, and should not suffer from any bias or
malafide.
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The decision should be open to judicial review on limited grounds, such as non-application of
mind, violation of natural justice, perversity, or mala fides.
Limitations on the
Pardoning Power of the President or the Governor:
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Cannot grant pardons in cases involving contempt of court, impeachment, or
violation of fundamental rights.
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Cannot grant a pardon in cases where an appeal is pending before a higher court or where
a review petition has been filed in the Supreme Court.
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Cannot grant pardon in cases where there is a conflict of interest or where they have
personal knowledge or involvement in the matter.
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Cannot grant pardon in cases where it would amount
to interference with judicial
independence or encroachment on judicial power.
Concerns:
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There is no
clear or uniform procedure for filing and deciding mercy petitions.
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Some mercy petitions are delayed for years or even
decades, while others are rejected without any explanation or reasoning.
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Some mercy petitions are influenced by political or public pressure, while others are
ignored or overlooked.
● Some mercy petitions are granted on arbitrary or discriminatory grounds, while others are denied based on rigid or outdated criteria.