The Supreme Court on Monday issued comprehensive directions to expedite the disposal of mercy petitions filed by convicts. It directed state governments and Union Territories to establish a dedicated cell within their home or prison departments to handle such petitions efficiently.
A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih emphasized that the dedicated cell must promptly process mercy petitions within the timelines set by the respective governments.
It also directed the nomination of an officer-in-charge for the cell, who would manage communications and coordinate operations.
Additionally, an official from the state’s law or judiciary department must be attached to the cell to assist in its functions.
These directives were issued while the court upheld a Bombay High Court ruling that commuted the death sentences of two convicts in the 2007 Pune BPO employee gang-rape and murder case to life imprisonment for 35 years, citing inordinate delays in execution.
The bench instructed all prisons to be informed about the designated officer-in-charge of the dedicated cell, along with their contact details, including email IDs. Upon receiving a mercy petition, prison superintendents must promptly forward copies to the dedicated cell and seek relevant information—such as criminal antecedents and economic conditions—from the concerned police stations or investigating agencies. The police, in turn, are obligated to provide this information without delay.
The court also directed that copies of mercy petitions received by the dedicated cell be immediately forwarded to the secretariats of the Governor or the President, as applicable, to facilitate prompt action. It advised that correspondence should primarily occur via email unless confidentiality demands otherwise. Furthermore, state governments must issue executive orders or guidelines to streamline the handling of mercy petitions in accordance with the court’s judgment.
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