Death row convict to mandatorily file mercy petition with 7 days, MHA seeks SC direction

The Ministry of Home Affairs (MHA) has sought direction from Supreme Court that if the convict in the death sentence case, wants to file mercy petition, it would be mandatory to do so only within a period of seven days from the date of receipt of death warrant issued by the competent court.

The MHA also further sought a direction from the Apex Court that it would be permissible for the death convicts to file curative petition after the rejection of review petition only within a time to be stipulated by this Court and not thereafter.

It sought that the Supreme Court should clarify/modify its common final judgment of January 21, 2014, passed in a writ petition.

It also sought a direction from the apex court to mandate all the competent courts, State Governments, prison authorities in the country to issue death warrant of a convict within seven days of the rejection of his mercy petition.

The MHA also stated that this court should make a direction that to execute the death sentence within seven days thereafter irrespective of the stage of review petition/curative petition/mercy petition of his co-convicts.