A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih emphasized that these dedicated cells must promptly process mercy petitions within the timelines set by the respective governments.
New Delhi, Dec 9: The Supreme Court on Monday (9th Dec) issued several directives to expedite the disposal of mercy petitions filed by convicts, mandating the creation of dedicated cells within the home or prison departments of state governments and Union Territories.
A bench comprising Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih emphasized that these dedicated cells must promptly process mercy petitions within the timelines set by the respective governments.
The court specified that a designated officer-in-charge must oversee the cell’s operations, including receiving and issuing communications. Additionally, an official from the law, judiciary, or justice department should be attached to the cell.
These directions were issued while the apex court upheld a Bombay High Court order commuting the death sentences of two convicts in the 2007 Pune BPO employee gang-rape and murder case to life imprisonment of 35 years, citing undue delay in their execution.
The Supreme Court directed that all prisons be informed about the officer-in-charge of the dedicated cell, along with their contact details. The court stated that upon receiving mercy petitions, prison authorities must promptly forward copies to the dedicated cell and request relevant details, such as criminal records and economic conditions, from the concerned police station or investigating agency.
The officer-in-charge of the police station is obligated to provide the requested information immediately to the prison authorities. Once the dedicated cell receives the mercy petitions, copies should be sent to the secretariats of the governor or the President of India, as applicable, to initiate action at their end.
The bench also advised that, where possible, correspondence should be conducted via email unless confidentiality is a concern. Furthermore, the state governments are required to issue office or executive orders outlining guidelines for processing mercy petitions in line with this judgment.
Guidelines for State Governments and Union Territories
- Establishment of Dedicated Mercy Petition Cells: State Governments and Union Territories are directed to create specialized cells within their Home or Prison Departments to manage mercy petitions efficiently. These cells must ensure the petitions are processed within the stipulated timeline. An officer-in-charge will be designated for each cell, and their contact details will be shared with all prisons.
- Involvement of Judiciary Officials: An official from the Law, Judiciary, or Justice Department will be assigned to support the functioning of these cells.
- Information Sharing and Documentation: Prison authorities are required to promptly forward mercy petitions to the dedicated cell and gather information from police stations and investigative agencies. This includes the convict’s background, family details, economic status, incarceration history, and other relevant legal documents. Additionally, jail authorities must provide necessary documentation such as FIRs, arrest details, chargesheets, trial evidence, conduct reports, and court judgments (including English translations, if applicable) to both the cell officer-in-charge and the Home Department Secretary.
- Coordination with Governor and President’s Offices: Mercy petitions must be immediately sent to the Governor’s or President’s Secretariats for further action.
- Use of Electronic Communication: To enhance efficiency, electronic communication, particularly email, should be used wherever possible, except in cases requiring confidentiality.
- Issuance of Executive Orders and Reporting: State Governments must issue executive orders specifying procedures for processing mercy petitions and submit compliance reports to the Supreme Court within three months.
Responsibilities for Sessions Courts
- Monitoring and Record Maintenance: Sessions Courts must maintain detailed records of cases involving death sentences. Once a death sentence is confirmed by the High Court, these cases should be listed promptly in the cause list upon receiving relevant orders from the High Court or Supreme Court.
- Notification to Public Prosecutors: Supreme Court Issues Guidelines On Death Penalty Execution & Mercy Petitions To Avoid Delay In Process
- The courts must issue notices to State Public Prosecutors or investigation agencies to verify the status of any ongoing appeals, reviews, or mercy petitions.
This framework ensures a streamlined and timely process for handling mercy petitions at all levels.
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