As the execution of former Punjab chief minister Beant Singh’s assassin Balwant Singh Rajoana has turned into a major political controversy, the Supreme Court on Tuesday put pointed queries to the Union and state governments about the long delay in deciding mercy petitions of death row convicts, which could lead to several other consequential effects.
A bench of Justices G.S. Sinhvi and S.J. Mukhopadhaya raised these questions before opening the detailed hearing on several petitions on behalf of death row convicts, in which the issue of abnormal delay in deciding the mercy petitions by the President and the governors were raised.
“We want to hear as what are the consequences of delay,” the bench said, adding that “there are several consequences, like rejection, pardon and remission of sentence”. Other question is whether the delay amount to suspension of the sentence during the pendency of the mercy petition, or whether suspension of the sentence is automatic if there is a long delay, say of 10 years.”
Additional solicitor-general Harin Raval said there were many factors for causing the delay, which leads to various types of problems, including the procedural problem.
Since the bench had appointed senior advocates Ram Jethmalani and T.R. Andyarujina as amicus curiae in the case to assist the top court in adjudication of a bunch of petitions of death row convicts, whose mercy petitions were rejected after a long delay, the Centre’s counsel claimed “privilege” over certain records submitted to the court in “sealed” cover.
Mr Raval mainly had objection to providing the records to Mr Jethmalani, stating that he apart from being a lawyer had “some other roles” to play outside.