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Monday, April 29, 2024

Delay For deciding mercy petition is sufficient Ground says Supreme Court

Posted in: Supreme Court
Thu, May 3, 18, 17:01, 6 Years ago
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In the light of the latest judgment provided by the SC for commuting the death penalty of former pm Rajiv Gandhi’s assassins to life imprisonment on the ground of excessive wait on govt and President’s part to decide their whim pleas

In the light of the latest judgment provided by the SC for commuting the death penalty of former pm Rajiv Gandhi’s assassins to life imprisonment on the ground of excessive wait on govt and President’s part to decide their whim pleas, the Superior Judge requested the govt that while determining the whim case of a loss of lifestyle row convict, wait should be included as a requirements for the same. Asking upon the govt to provide its advice to the us president within a reasonable time so that the us president is in a position to reach a decision at the first, the top court stated that it was not a pleasure for a legal court to intervene in the constitutional abilities.
 
 The Hon'ble Judge P Sathasivam, Hon'ble Judge Ranjan Gogoi and Hon'ble Judge Shiva Kirti Singh, directing out that the govt has set out certain requirements for determining whim applications, has recommended, that in view of the latest jurisprudential development with respect to wait in performance, another requirements may be added to the current requirements so as to require consideration of the wait that may have happened in convenience of a whim case. The regular said the clemency process gives hope to the charged criminals and their close relatives for commutation of loss of lifestyle phrase to lifestyle imprisonment. Therefore, the historical custom of clemency power assured in the structure should be improved and applied by the professional, one way or the other within a logical time.
 
 The court was of the opinion that whim applications could be discarded at a much quicker time than what is implemented now and the govt should need to work in a more organized manner to ease the confidence of the people in the organization of democracy, considering that little time frame limit is recommended to the president/governor for convenience of the whim case. The court was adament that whim applications should be decided quickly, as a legal court had regularly held that long wait in performance of the loss of lifestyle phrase results in psychological suffering and pain which provides the subsequent performance of loss of lifestyle phrase insensitive and vicious.

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Adv.T Choudhury
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