Inexplicable delay on account of executive is inexcusable:SC

The Supreme Court today rejected the stand of the Centre that there cannot be a specific time limit for examination of mercy petitions of death row convicts and held that "inexplicable" delay on account of executive is "inexcusable".
"...After the completion of the judicial process, if the convict files a mercy petition to the Governor/President, it is incumbent on the authorities to dispose of the same expeditiously," a bench headed by Chief Justice P Sathasivam said.
"Though no time limit can be fixed for the Governor and the President, it is the duty of the executive to expedite the matter at every stage, viz., calling for the records, orders and documents filed in the court, preparation of the note for approval of the Minister concerned, and the ultimate decision of the constitutional authorities," said the bench also comprising justices Ranjan Gogoi and Shiva Kirti Singh said.

"The procedure prescribed by law, which deprives a person of his life and liberty must be just, fair and reasonable and such procedure mandates humane conditions of detention preventive or punitive. In this line, although the petitioners were sentenced to death based on the procedure established by law, the inexplicable delay on account of executive is inexcusable," the bench said.
It also rejected Centre's argument that since no time limit is prescribed for the President under Article 72 to decide the mercy pleas, the courts may not go into it or fix any outer limit.
"If there is undue, unexplained and inordinate delay in execution due to pendency of mercy petitions or the executive as well as the constitutional authorities have failed to take note of/consider the relevant aspects, this Court is well within its powers under Article 32 (Remedies for enforcement o rights) to hear the grievance of the convict and commute the death sentence into life imprisonment on this ground alone however, only after satisfying that the delay was not caused at the instance of the accused himself.

"To this extent, the jurisprudence has developed in the light of the mandate given in our Constitution as well as various Universal Declarations and directions issued by the United Nations.