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If a person has been sentenced death sentence for "rarest of the rare" cases, for example, by the SC itself , it is just delay in the mercy plea process which can make it change its decision?? I didn't get logic behind this.. Are there any other factors also which the SC considers while commuting the sentence??
Delay in taking a decision on the mercy petition is a form of cruel and unusual punishment because the fate of the person lies in limbo, hence it merits a commutation to life sentence. There is no legitimate reason why the President needs years or even decades to decide on a mercy petition, this whole time the person in jail does not know if he will live or die.
This long delay on mercy petition making them Mentally ill and by our law we cant hang mentally ill person. This is the most important logic behind this decision
This long delay on mercy petition making them Mentally ill and by our law we cant hang mentally ill person. This is the most important logic behind this decision
The inordinate delay does not make anyone mentally ill.
Mental illness and delay in mercy petition decision are two entirely separate reasons for which a death sentence can be reduced to life sentence. In the recent commutations by the SC, most were due to a delay in taking a decision on the mercy petition while some were due to a mental illness in the convict.
It is stated by supreme court in the decision. SC says this delay can make them mentally ill. Also 5 of 15 are mentally ill or suffering mental diseases.
This long delay on mercy petition making them Mentally ill and by our law we cant hang mentally ill person. This is the most important logic behind this decision
Being Mentally ill is not the factor for commutation.... Moreover all person do not get mentally ill when keeping them in solitary confinement..
Delay in taking a decision on the mercy petition is a form of cruel and unusual punishment because the fate of the person lies in limbo, hence it merits a commutation to life sentence. There is no legitimate reason why the President needs years or even decades to decide on a mercy petition, this whole time the person in jail does not know if he will live or die.
But IMO commutation is some sort of relief for the convicts who are responsible for deadly crimes.. In lieu of that SC could direct/suggest authorities to dispose of the mercy plea expeditiously.. I mean if the main problem is the delay in the process, what is the need of commutation.. In that way, the cruel terrorist will not get their true punishment and victims their true justice...
Article 21 - Protection of Life and Personal Liberty. - Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below: (1) The right to go abroad. (2) The right to privacy. (3) The right against solitary confinement. (4) The right against hand cuffing. (5) The right against delayed execution. (6) The right to shelter. (7) The right against custodial death. (8) The right against public hanging. (9) Doctors assistance.
So, delayed execution violates the FR of a citizen and also, it is the responsibility of the apex court to protect this FR.
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Comments
Mental illness and delay in mercy petition decision are two entirely separate reasons for which a death sentence can be reduced to life sentence. In the recent commutations by the SC, most were due to a delay in taking a decision on the mercy petition while some were due to a mental illness in the convict.
It is stated by supreme court in the decision. SC says this delay can make them mentally ill.
Also 5 of 15 are mentally ill or suffering mental diseases.
Just kidding ,Dont take otherwise
I mean if the main problem is the delay in the process, what is the need of commutation.. In that way, the cruel terrorist will not get their true punishment and victims their true justice...
- Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below:
(1) The right to go abroad.
(2) The right to privacy.
(3) The right against solitary confinement.
(4) The right against hand cuffing.
(5) The right against delayed execution.
(6) The right to shelter.
(7) The right against custodial death.
(8) The right against public hanging.
(9) Doctors assistance.
So, delayed execution violates the FR of a citizen and also, it is the responsibility of the apex court to protect this FR.
@igirit @AdvocatusDiaboli can help us further by analyzing the judgement for us.