Politics that started over death convict Devinder Pal Singh Bhullar in Punjab has infected Assam also with kin of death convict Mahendra Nath Das and human rights activists urging Assam governor J.B. Patnaik and chief minister Tarun Gogoi to intervene to put his hanging on hold.
The kin of death convict are planning to move the Supreme Court for commuting his death sentence to life imprisonment.
President Pratibha Devisingh Patil had rejected Mahendra’s mercy plea along with that of Punjab convict Devinder Pal Singh Bhullar.
Kusum Bala, 74, mother of the death convict, argued, “My son has already spent 15 years in jail. If he had to be hanged, why did they keep him in jail for so many years?”
Feeling vindicated after Mumbai-based human rights activists of Amnesty International’s Asia-Pacific director Sam Zarifi’s support, she said, “I don’t understand law, but isn’t this like punishing him twice for the same crime?”
“We will file a petition under Article 32, citing provisions under Article 21 (right to live),” said senior advocate Nekibur Zaman.
“We will also cite a 1989 SC order that commuted the death sentence of a convict to life term because of the delay in disposing the mercy petition.”
Advocate Zaman further pointed out that Mumbai-based lawyer and human rights activist had also written to the chief minister and Assam inspector-general (prisons) to put Mahendra’s execution on hold.
However, even after rejection of the mercy petition and execution order of the home ministry, the jail authorities at Jorhat jail have not been able to fix the date for execution of death warrant, as they do not have an executioner.
“As there is no hangman in the state, the exact date of execution is yet to be fixed,” the head of Jorhat jail, where Mahendra is being brought for executing of the death warrant, said.