SC Commutes Death Penalty of 15 Convicts due to delay, mental illness Tuesday Jan 21,2014

 

The Supreme Court of India on Tuesday Jan 21,2014 commuted death penalty of 15 convicts on the grounds of inordinate delay and mental illness.

The SC has ordered fixing a time limit for sending and receiving all documents pertaining to death row convicts

The SC said the death penalty can be commuted when there is an inordinate and inexplicable delay in deciding the mercy plea of the convicts.

In two judgments on January 21,2014 which led to the commutation of death sentence for 15 convicts, including the Rajiv Gandhi killers, Santhan, Murugan and Perarivalan, the bench headed by chief justice P Sathasivam made scathing remarks against the president, the governor's office and home ministry officials.
"Prolonged delay in execution of death sentence has a dehumanising effect on the accused. Delay caused by circumstances beyond the prisoners' control mandates commutation of death sentence," said the chief justice.
"Right to seek for mercy is a constitutional right and not at the discretion or whims of the executive. We sincerely hope that the mercy petitions can be disposed of at a much faster pace," said the chief justice.



The SC said schizophrenia, insanity and mental illness can be reasons for commuting death penalty and the convicts should be given adequate medical treatment and legal aid. The order also said that solitary confinement of a death row convict and other prisoners is unconstitutional

While the death penalty of 13 convicts has been commuted to life on the ground of inordinate delay on part of President to decide their mercy pleas, two others were given life sentence after they became mentally ill after several years on death row.

Over 20 death row convicts had approached Supreme Court seeking an authoritative ruling on the matter.

The Constitutional Bench of the Supreme Court commuted death sentence of four aides of forest brigand Veerappan to life term on ground of delay in deciding their mercy plea by the government.

The four Veerappan gang members, convicted for killing 22 policemen in April 1993, are Simon, Gnana Prakash, Madaiah and Bilavendra.

 

 They were sentenced to death on January 29, 2004 while their mercy plea rejected was in February 13, 2013.

The apex court had extended the stay on hanging for six months on February 20, 2013.

Ruling that death row convicts and their families must be informed after their mercy plea is rejected by the President or the Governor, the apex court said, "Once the mercy plea has been rejected, it should be communicated in writing." 

The court also ruled that a death row convict must be hanged within 14 days after dismissal of his/ her mercy petition.

Today's verdict is also likely to impact the case of three men from Tamil Nadu convicted for their roles in the assassination of former Prime Minister Rajiv Gandhi. Their mercy plea was filed 11 years ago with the President's office, but was rejected in 2011

Also help Devinderpal Singh Bhullar, convicted of triggering a bomb blast in Delhi in 1993 and killing nine people. His family has said he is mentally ill. His mercy petition was rejected by the President in May 2011. Last year, a Supreme Court bench also rejected his plea for mercy, after which he filed another petition for a review