Criminal Laws  - Mercy petition

Constitution of India, 1950 - Articles 72, 161, 139A - Mercy petitions - Delay in disposal - Commutation of death sentence - Petitioner death- row convicts filed writ petition before HC seeking commutation of their death sentence to life imprisonment - Matter transferred to SC u/art. 139A of Constitution - Petitioners contended that there was an inordinate delay in deciding their mercy petitions u/art. 72/161 of Constitution and hence the sentence was unconstitutional - Whether nature of the delay caused was inordinate Held, petitioners mercy petitions were rejected by Governor on 25- 4- 2000 - After an unreasonable delay of 5 years 1 month, Ministry of Home Affairs submitted mercy petitions to President on 21- 6- 2005 - Ministry recalled mercy petitions from Office of President after a delay of 5 years and 8 months - President rejected mercy petitions on 12- 8- 2011, after a delay of more than 11 years - Respondent authority could not explain delay - Hence, delay ensued in the petitions were inordinate and unreasonable and the same was not caused at the instance of petitioners - Thus, unreasonable delay caused qualified as supervening circumstance, which warranted commutation of death sentence into life imprisonment as stipulated in Shatrughan Chauhan and another v. Union of India and others - Petitioners death sentence commuted into life imprisonment - Petitions allowed.

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