Saturday, September 3, 2011

Mercy petition

Recently the Tamil Nadu assembly passed an unanimous resolution asking the President to reconsider the clemency appeal submitted by three of the death sentenced Murugan, Santhan, Perarivalan who were involved in the killing of former Prime Minister Shri. Rajiv Gandhi. The Chief Minister J.Jayalalitha stated that this is done to 'respect the sentiments of the people of the state'.
  1. There is no fool proof way to measure the correct sentiments of the public
  2. We cannot hide from the fact that the members of the assembly or parliament are not anymore the true representatives of the aam janta.
  3. More importantly, judgments cannot be amended based on reported sentiments. This is equivalent to disobey the laws we have made to run the nation.
Omar's tweet responding to the Tamil Nadu assembly resolution is interesting. A fair question that would arise in anybody's mind. We do not want TN assembly to set precedence on this. In no time J&K could come with a resolution favoring Afzal Guru and Punjab favoring Devender Pal Singh Bhullar's and so on...

Once Supreme court sentences someone to death, ideally, there must not be anything above it. The provision for President to overrule it is meant for just the rarest of rare cases. These days, almost all death sentence go up to the President's office.

From today, our nation will adopt the below on mercy petitions to the President:
  1. The mercy petition filed to the President's office will bear an expiry date of 3 years from the date of receipt post which it defaults to the Supreme Court's original decision
  2. There cannot be any debate or re-appeal by any government body or individual or institution once the president's decision is announced
  3. Act of terrorism, proven planned homicide and genocide cannot appeal for mercy from the President

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