The Supreme Court ordered that mercy petitions in cases involving the death penalty be decided and resolved as soon as possible. In response to a plea by the State of Maharashtra challenging a Bombay High Court decision in which the High Court reduced the accused’s death sentences to life in prison, Justice MR Shah’s bench issued the directive.
In this case, the High Court commuted the death penalty to life in prison on the grounds that the State/Governor of the State waited too long to decide on the mercy petitions preferred by the accused, which had been pending for roughly seven years and ten months. Notifications Po was one of many cases in which the death penalty was commuted to life in prison due to a delay in the disposition of the mercy petitions, according to the Supreme Court. “It is true that the gravity of the offense can be a relevant consideration while commuting the death sentence to life imprisonment, but excessive delay in the disposal of the mercy petitions can also be said to be a relevant consideration while commuting the death sentence to life imprisonment,” the Court observed. Assuming that even after the last end even upto this Court, even, from there on there is an unnecessary defer in not concluding the leniency appeal, the item and reason for capital punishment would be disappointed.”
So, “so that even the accused can also know his fate and even justice is also done to the victim,” the Court instructed the State Government and/or the relevant authorities to make every effort to ensure that the mercy petitions are resolved as soon as possible.
Considering something similar, the Court tracked down not a great explanation to impede the condemned judgment of the Great Court.
However, at the same time, the Court noted that the High Court should also investigate the accused’s seriousness and gravity of the offense. Nine people were killed in this incident. As a result, the Supreme Court stated that the High Court should have ordered the death penalty to be commuted to natural life in prison with no remission.
As a result, the Supreme Court reversed the High Court’s decision and ordered the accused to serve natural life in prison without parole.
“Before we part with the present order, we observe and direct all States/appropriate authorities before whom the mercy petitions are to be filed and/or who are required to decide the mercy petitions against the death sentence, such mercy petitions are decided at the earliest so that the benefit of delay in not deciding the mercy petitions is not accrued to the accused and the accused are not benefited by such an inordinate delay and the accused may not take the disadvantage of such inordinate delay,” the addition read.
Further, the Vault was likewise coordinated to convey the request to the Central Secretaries of the multitude of States and Association Domains.
SRISHTI BHARDWAJ, B.COM LL.B.
