Mercy Petition
Mercy Petition: The Supreme Court recently granted the Centre a final chance to decide on the mercy plea of Balwant Singh Rajoana, convicted for assassinating Punjab CM Beant Singh. If the Centre fails, the court will hear Rajoana's plea to reduce his death sentence.
- About: A mercy petition is a request to the President of India or a state Governor to pardon a convict or commute their sentence. It is the last constitutional option a convict can take after being sentenced by a court of law.
- Case Background: Rajoana was sentenced to death in 2007 for the assassination of Punjab CM Beant Singh and 12 others (August 31, 1995).
o Mercy petition filed by the Shiromani Gurdwara Parbandhak Committee in March 2012.
- Constitutional Framework: As per the Article 72, the President can grant pardons, reprieves, respites, remissions, or commute sentences in cases of punishments by Court Martial, offences under Union laws, and death sentences.
o Article 161: The Governor can exercise similar powers for offences under State laws but cannot pardon death sentences or Court Martial punishments.
- Features: No time limit for mercy petitions under Articles 72 and 161.
o Acceptance of mercy petitions is not binding on the President or Governors.
- Key Differences:
o President: Can pardon Court Martial punishments and death sentences.
o Governor: Cannot pardon these categories.
- Process: No statutory procedure exists.
o Petition can be filed by the convict or their relative within seven days of Supreme Court appeal dismissal.
o Petition is forwarded to the Ministry of Home Affairs (MHA) for recommendations.
o MHA consults the concerned State Government before advising the President or Governor.
- Decision-making: Executive heads act based on the advice of the appropriate government.
