History repeating itself on delay in deciding mercy pleas: SC

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Press Trust of India New Delhi
Last Updated : Jan 21 2014 | 9:13 PM IST
"Unfortunately" history seems to be repeating itself on delay in disposing of mercy pleas by government, the Supreme Court today said while referring to the different phases since last 30 years in which such an exercise has been undertaken.
The apex court said mercy pleas should be disposed of at a faster pace as was being done during 1980s and should not be delayed for an unreasonably long period.
"....Mercy petitions were disposed of more expeditiously in former days than in the present times. Mostly, until 1980, the mercy petitions were decided in minimum of 15 days and in maximum of 10-11 months. Thereafter, from 1980 to 1988, the time taken in disposal of mercy petitions was gradually increased to an average of 4 years," a three judge bench headed by Chief Justice P Sathasivam said.
It said that at that point the apex court intervened and passed order for speedier disposal of mercy plea.
"It is exactly at this point of time, the cases like Vatheeswaran and Triveniben were decided which gave way for developing the jurisprudence of commuting the death sentence based on undue delay...," it said adding "obviously, the mercy petitions disposed of from 1989 to 1997 witnessed the impact of the observations in the disposal of mercy petitions".
"Since the average time taken for deciding the mercy petitions during this period was brought down to an average of 5 months from 4 years thereby paying due regard to the observations made in the decisions of this court, but unfortunately, now the history seems to be repeating itself as now the delay of maximum 12 years is seen in disposing of the mercy petitions," it said.
The apex court hoped that after today's verdict, the deciding authorities would dispose of mercy pleas at a much faster pace than what is adopted now.
"Although, no time frame can be set for the President for disposal of the mercy petition but we can certainly request the concerned Ministry to follow its own rules rigorously which can reduce, to a large extent, the delay caused," the bench added.
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First Published: Jan 21 2014 | 9:13 PM IST

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