Rajoana plea: SC calls for decision, Centre seeks adjournment

Sub : Polity

Sec : Executive

Context:

A Special Bench of the Supreme Court directed the President’s office to decide within two weeks on the mercy plea of death row convict Balwant Singh Rajoana, after the Union government failed to represent itself during the hearing.
The court emphasized that if no decision is made by the President within this period, it would consider Rajoana’s plea for interim relief.
The case highlights the Supreme Court’s role in ensuring timely decisions on mercy petitions, a fundamental aspect of justice for death row convicts.

Case Background:

Balwant Singh Rajoana, a death row convict, was sentenced for the assassination of Punjab Chief Minister Beant Singh in 1995.
His mercy petition has been pending with the President of India for an extended period.

What is Mercy petition:

A mercy petition is filed by a convict to change his/her punishment (especially capital) into a lesser form of punishment. It is also called clemency petition/plea or executive clemency.
Mercy Petition can be exercised after all the legal remedies were exhausted.
A petition can be filed with the President (Article 72) or the governor (Article 161).

Procedure to apply for mercy petition:

A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court.
The petitions are to be presented to the President of India. The President’s office seeks the cabinet’s advice.
The appeal is examined by the Ministry of Home Affairs, and the Ministry before giving recommendations to the President, takes the view of State concerned.
There is no written procedure to deal with mercy petition.

Judicial review:

President’s pardon/rejection/delay is also subjected to judicial review.
However, if a court finds that the process of the decision taken by the President under Article 72 was not arbitrary or unreasonable; the decision then cannot be interfered with.

Pardoning Power of the President:

Pardon: The president can totally acquit the person for the offence and let him go free.
Commute: To reduce the type of punishment into a less harsh one. For example, Rigorous imprisonment to simple imprisonment.
Remission: To reduce the punishment without changing the nature of the punishment. For example, 20 years rigorous imprisonment to 10 years rigorous imprisonment.
Respite: Reduce the degree of punishment looking at specific grounds like pregnancy, old age
Reprieve: A delay is allowed in the execution of a sentence, usually a death sentence for a guilty person to prove his innocence.