Mercy Petition

Mercy Petition
 

News: The Supreme court has recently asked the government to decide on a mercy petition of Balwant Singh Rajoana.
 

Background:

o Balwant Singh Rajoana was convicted for the assassination of former Punjab Chief Minister Beant Singh in 1995.
o The petitioner argued that since the state and the Union of India have not been able to decide on the mercympetition, which is pending for more than 10 years and so the death penalty should be commuted to life imprisonment.
 

What is Mercy Petition?

A mercy petition is a formal request made by a person who has been sentenced to death or imprisonment seeking mercy from the President or the Governor, as the case may be.
 

Constitutional provisions:

o As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law.
o A convict can present a mercy petition to the President of India under Article 72 of the Constitution of India.
o Similarly, the power to grant pardon is conferred upon the Governors of States under Article 161 of the Constitution of India.
o Article 72 - The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence
o in all cases where the punishment or sentence is by a court Martial;
o in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
o in all cases where the sentence is a sentence of death
o Article 161 - The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
 

What are grounds for filing Mercy petition?

o The act of mercy is not the right of the prisoner.
o The mercy or clemency is granted on the grounds based on his health, physical or mental fitness, his family financial conditions as he is the only sole earner of bread or butter or not.
 

What is important from prelims perspective?

In the case of Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) the SC held that the clemency power of the President and Governor under Article 72 and Article 161 is subject to judicial review. (Remember the name of case)