The Supreme Court, on Monday, issued a directive for the establishment of a specialized cell within the home or prison departments of state governments and Union Territories to expedite the processing of mercy petitions. This decision aims to address the delays often encountered in the review and resolution of such petitions filed by convicts.
A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih outlined that the dedicated cell will be responsible for ensuring that mercy petitions are processed promptly within the time frames specified by the respective governments. “An officer-in-charge of the dedicated cell shall be nominated by designation who shall receive and issue communications on behalf of the dedicated cell,” stated the bench.
The decision comes in the backdrop of the court upholding a Bombay High Court order that commuted the death sentences of two convicts involved in the 2007 Pune BPO employee gang-rape and murder case to a life term of 35 years due to an inordinate delay in their execution.
In addition to establishing the dedicated cell, the Supreme Court has mandated that an official from the law and judiciary or justice department of the state governments/Union Territories be attached to assist in the handling of the mercy petitions. This integration aims to streamline the process and enhance coordination between different departments.
The court also specified the operational procedures for the new system. “As soon as the superintendent of prison/officer-in-charge receives the mercy petitions, he shall immediately forward the copies thereof to the dedicated cell,” the justices detailed. The concerned police station or investigating agency will then be required to promptly supply any requested details such as criminal antecedents or economic conditions of the convict to the cell.
Furthermore, once the mercy petitions are received by the dedicated cell, copies will be forwarded to the secretariats of the governor of the state or the President of India, as applicable. This measure is intended to ensure that the executive branch can begin its review without delay.
The bench emphasized the importance of using electronic communication for all correspondences related to mercy petitions, unless confidentiality is a concern. Additionally, it instructed the state governments to issue official orders or executive orders containing clear guidelines for dealing with mercy petitions as outlined in the judgment.
