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What is a mercy petition, what happens after a dismissal?

According to the Indian Constitution, where there is a provision in the Indian law to punish criminals severely. 

The same mercy petition can be filed even after a long term sentence. After all, what is this mercy petition and by whom it is passed, today we are going to provide you complete information through this post. 

After all, these important things related to Indian constitution and Indian law are very important to know.

What is a mercy petition

What is a mercy petition ?

A mercy petition is a term coined for criminals who are to be hanged. Speaking of general meaning, according to Article 72 of the Constitution of India, the process of waiving the death sentence of the persons who have been issued death sentence ie death warrant due to their crime is called mercy petition. A mercy petition is a petition that is filed with the President before he is given to any criminal. If the President, in consultation with his Council of Ministers, revokes the death sentence of the culprits as a mercy petition, then only his execution is stopped.

Mercy petition process

  • Firstly, according to the rule, in the case of mercy petition, an application is written to the President, that application is written by the Ministry of Home Affairs.

  • When she approaches the President, she is considered to be a party to the cabinet and is consulted by the President.

  • According to Indian law, if a criminal has been sentenced to death by the Supreme Court, whether he is a citizen of the country or a foreigner, he can also send his mercy petition on his behalf to the officials of the Ministry of Home Affairs or directly to the President's office. is.

  • That mercy petition can also be sent to the Governor in which the prisoner is serving the sentence. The governor of that state sends the mercy petition directly to the Ministry of Home Affairs.

  • Those convicted for sentencing can send this mercy petition in the hands of senior officials, lawyers or any family member to the Home Ministry or the President's office. Those criminals, if not in writing, can also send the petition by mail.

When and how does the mercy petition reach the President ?

  • If any criminal is not in favor of the sentencing in the court, he wants to keep a different side of himself and wants to get his case heard again and in good condition, then he can go to the Supreme Court and file his application.

  • If the conviction of that criminal is upheld even in the High Court and still the accused has the option of pleading, he can try his best to send mercy petition to the President in his favor.

  • Apart from all this, if a lawyer or officer supporting the offender does not agree with the decision of the court, then he can also send mercy petition from the side of that criminal to the President or the Ministry of Home Affairs.

Some special things related to mercy petition

  • According to the important Article 72 of the Indian Constitution, the President has the right to forgive any conviction of a criminal after receiving his mercy petition or even adjourn it by taking a decision on behalf of all as well. Along with this, he can also reduce his sentence or bring any new changes in it.

  • Apart from this, the President has absolutely no right to take any decision on that mercy petition on his own. It has been fully stated in the constitution that the President can make any change in the punishment of the offender only with his decision and by consulting the Council of Ministers on that matter.

  • According to the rules of the constitution, in the case of mercy petition, only the President has to submit a favor in writing to the President. He is considered by the President to be the entire side of the cabinet and they begin to act on the mercy petition of that criminal.

  • After receiving the mercy petition by the President, it does not happen that a decision is taken immediately but there is no limited time to decide on the mercy petition, it takes many years and many months to decide on it.

Main cases of mercy petition

There are some main cases related to mercy petition, which are also very famous. Let's know about those mercy petitions…

  • According to the possible data and historical report, from January 26, 1950 to 2015, out of a total of 437 mercy petitions by the present and past presidents of the country, only 306 mercy petitions were such which they gave their approval. However, in those cases the President canceled his execution, but was sentenced to life imprisonment pending his sentence.

  • One figure also states that during that period, about 131 mercy petitions were rejected, on which no decision was delivered by the President.

  • There were many presidents in India, of whom the first president of India, who is still remembered with respect, was sent to him about 181 mercy petitions during the tenure of Rajendra Prasad Kumar . Among them, he considered 180 mercy petitions and while changing his sentence sentenced him to life imprisonment. At that time he dismissed only one petition.

  • 57 petitions were also accepted by Sarvepalli Radhakrishnan during his tenure.

  • After this, during the tenure of 3 presidents from 1982 to 1997, around 100 mercy petitions were implemented, under which 93 mercy petitions were dismissed completely and there were 7 culprits whose sentence was completely changed. .

  • During the period from 1982 to 1997 , KR Narayanan held the post of President, he did not give any decision on any mercy petition of any kind.

  • When Dr. APJ Abdul Kalam became the President, he dismissed a mercy petition during his tenure and sentenced the offender to life imprisonment under a mercy petition.

  • Pratibha Patil , while holding the post of President, dismissed five mercy petitions from the list of petitions. Out of which 34 were criminals whose mercy petition was converted from hanging to life imprisonment.

  • Pranab Mukherjee also completely rejected about 31 out of 33 mercy petitions during his tenure after taking over as the President.

  • At present, Ramnath Kovind ji occupies the post of the President of the country, who has decided to sentence him to death by dismissing the mercy petition of the accused in the Nirbhaya case. This is the first mercy petition in his tenure so far.

What is curative petition ?

In simple words, the meaning of curative petition is to apply the defense once more. Curative petition can be imposed when the mercy petition is dismissed even after reconsideration by the Supreme Court in a criminal case. In such a case, a lawyer or family member can apply a curative petition on behalf of the offender or criminal, which is the last way of apologizing for that criminal. The Chief Justice or the President has the right to pronounce the decision on curative petition. This is the last and final way to obtain a mercy petition in any crime.

Curative Petition Supreme Court Rules

  • A criminal who wants to file a curative petition in his name against the Supreme Court verdict will have to explain in his petition why he ultimately wants to file this petition. It is very important to get that criminal certified by any senior lawyer before getting a curative petition filed and stamped on it. If he completes this process, he can take the petition to three senior judges of the Supreme Court.

  • If he completes this process, he can take the petition to three senior judges of the Supreme Court who have heard and ruled on his case. If the highest judge of the Supreme Court feels that the case should be heard again under curative petition, then that petition is again sent to the same judge, the judge of that Supreme Court who committed the crime of that criminal A decision has been given regarding

According to Indian law, all criminals should be punished, but which criminal should be punished, which can determine the Indian Constitution. Every Indian should have faith in his Indian Constitution. According to the law laid down in our Constitution, every criminal is punished severely and according to his crime and will be punished in future also.

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