Retribution has no constitutional value in India: SC

Retribution has no constitutional value in India, Supreme Court today said while commuting to life term the death sentence awarded to 15 convicts over offences under penal and anti-terror laws.
"Retribution has no constitutional value in the largest (democracy). In India, even an accused has de facto protection under the Constitution and it is the court's duty to shield and protect the same," said a three-judge bench headed by Chief Justice P Sathasivam.
"Mercy jurisprudence is part of an evolving standard of decency, which is the hallmark of the society", the apex court said, adding that the right to seek mercy was a constitutional right which was not subject to the "the discretion or whims of the executive".

It said that, "Just like the death sentence is passed lawfully, the execution of the sentence must also be in consonance with the Constitutional mandate and not in violation of the constitutional principles".
While the framers of the Constitution did not set any time limit for disposing of mercy pleas, these "should be decided within reasonable time" and with due care and diligence, the court said.
It, however, made it clear that "when the delay caused in disposing of mercy petitions is seen to be unreasonable, unexplained and exorbitant, it is the duty of this court to step in and consider (that)".

"Right to seek mercy under Article 72/161 of the Constitution is a constitutional right... Every constitutional duty must be fulfilled with due care and diligence; otherwise, judicial interference is the command of the Constitution for upholding its values.
"Therefore, we make it clear that when the judiciary interferes in such matters, it does not really interfere with the power exercised under Article 72/161 but only to uphold the de facto protection provided by the Constitution to every convict including death (row) convicts," the bench said.