New Delhi, May 27, 2020: The Supreme Court has issues Notice seeking Centre's Response on Plea seeking Formulation of Guidelines on timely disposal of Mercy Petitions.

The Supreme Court Bench comprising of Chief Justice SA Bobde, AS Bopanna & Hrishikesh Roy sought response from the Ministry of home Affairs and granted 4 weeks time to file reply.

The Supreme Court Bench was hearing a plea filed by Advocate Kamal Gupta on behalf of Shiv Kumar Tripathi seeking issuance of appropriate directions for framing specific procedure, rules and guidelines for disposing the mercy petitions within a time bound period.

The Supreme Court Chief Justice SA Bobde that we can't direct the President of India. Only thing we felt important was time limit and Only Thing we may consider is, directing the MHA (Ministry of Home Affair) on Time Limit for placing Before president".

Solicitor General Tushar Mehta appeared for the Respondent(s) and sought time to file reply which was granted by the bench.

The petitioner averred that since the power bestowed on the President for grant of pardon or mercy is an "extraordinary power", it must be exercised with great care and caution and that "principles of natural justice be exercised uniformly in each and every case"

Apropos this, the petitioner contended that it is pertinent that comprehensive guidelines for disposing the mercy petitions within a time bound period are immediately framed and implemented.

Further to this, petitioner highlighted that the "apprehension of misuse and abuse of power" effects administration of justice. In light of this, petitioner drew a corollary between the International jurisdictions of USA & England which he contends have "already framed the rules for purpose of filing a mercy petitions" .

Petitioner also emphasised that there is no currently no written procedure for dealing with mercy petitions in practice but in practice, he or his relative may submit a mercy petition in writing to the President, which is then scrutinised by the MHA. Following this, the petition is disposed off under Article 72 of the Constitution of India and the State/UT gives their opinion regarding the pardoning. For the submission of this opinion, the petitioner adds that there is has not specified time period.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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