How Long should Mercy Petitions be kept pending

Prosecutor Nikam advocates early disposal of mercy petitions

Mumbai: Once the death sentence to a convict is confirmed by the Supreme Court, his mercy petition before the president should not be left pending for a long time or else the very purpose of capital punishment would be defeated, public prosecutor for Mumbai terror attacks, Ujjwal Nikam has opined.

He was referring to Pune's Rathi murder case in which the mercy petition of the accused is pending since last ten years although the Supreme Court has confirmed death penalty
to three convicts who had killed eight women of a family.

"If mercy petitions are allowed to be kept pending, there is always a possibility that capital punishment awarded may be reduced to life imprisonment, and in doing so the very purpose of giving deterrent punishment would be defeated," the prosecutor told a function organised by a private organisation to felicitate him as "People's Lawyer" here on Friday night.

Nikam, who has secured 713 life imprisonments and 33 death penalties for accused in various cases, said capital punishment is given so that it could serve as a deterrent
against heinous crimes. About the Mumbai terror attack case, in which Nikam is
the public prosecutor, he said the events of November 26, 2008 shook the entire world
rosecutor Nikam advocates early disposal of mercy petitions

Nikam, who was special public prosecutor in 1993 Mumbai serial blasts case also, said the 26/11 case has international ramifications and the entire world is watching the trial.




I fully endorse the public prosecutors statement that the mercy petitions of criminals who have been awarded the death penalty should not be kept pending.
The death penalty is given in the rarest of rare cases after much thought.
The sessions court gives it and it is normally confirmed by the high court. sometimes it goes to the Supreme Court also.
Hence, just as the death penalty is awarded in the rarest of rqre cases, the mercy petition too should be entertained in the rarest of rare cases.
The President of India acts on the advise of the union Cabinet and the union Cabinet is a political animal. It cannot take a decision if any vote bank is involved.
Hence, any mercy petitions should have a life of only six moths,
If no decision is taken by the President within the stipulated time, the petition may be considered as lapsed and the death sentence should be carried out on a particular date/day after the six months.
Whether it is Afzal Guru, or Kasab or any other criminal, should make no difference.
By the way, I would presume, no such petition from Kasab should be entertained.