Death can't be commuted on ground of delay on mercy plea: SC

Rejecting Khalistani terrorist Devinderpal Singh Bhullar's plea for commutation of the death sentence against him, the Supreme Court today said it cannot be done in the case of terrorists or those involved in mass killings on the ground of delay in deciding their mercy plea.

In a judgement that paves the way for Bhullar's execution and could have an impact on 16 other death row convicts, including three convicted in the Rajiv Gandhi assassination case, facing execution, the Supreme Court today said it was a "paradox" that those who had not shown any mercy to their victims were now pleading for it.

Observing that India is one of the worst victims of terrorism, the apex court held that the decision of President or Governor not to entertain mercy pleas of people convicted for terrorism and other serious offences cannot be characterized as arbitrary and the Court cannot exercise power of judicial review only on the ground of undue delay.

The bench of justices G S Singhvi and S J Mukhopadhya said that the apex court's earlier judgements holding that long delay may be one of the grounds for commutation of the death sentence cannot be invoked in cases where a person is convicted for offence under TADA or similar statutes.