'What Is The Use Of Death Sentence, If It Is To Be Executed After 20-25 Years?' : Supreme Court Asks On Plea Challenging Commutation
At the outset, Justice Shah put to the advocate for the state, "What is the purpose of awarding a death sentence? The advocate replied, "Your Lordships, the first mercy petition was not filed by these accused, that was filed by some residents of Canada, Australia, etc.please, Your Lordships, 9 children were murdered." In the impugned judgment of January 18, 2022, the High Court division bench of Justices Nitin Jamdar and Sarang Kotwal cited the inordinate delay in disposing of their mercy petitions to commute their death penalty. "The position of law that an unexplained delay in disposal of mercy petitions may result in commuting the death sentence was already holding the field when mercy petitions by the petitioners were made. The convicts had filed a Writ Petition before the Bombay High Court in 2014, citing inordinate delay of nearly eight years before the President of India decided their mercy pleas.
Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions
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