“Right to seek for mercy
is a constitutional right and not at the discretion or whims of the executive. Every
constitutional duty must be fulfilled with due care and diligence.”
-Honourable Supreme
Court
In another landmark decision
that will ensure that there was no repeat of the Afzal Guru like execution, the
court said, there has to be 14 days gap between the communication of rejection of
mercy petition to the convict and his family members and actual execution of the
death sentence.
It also said that,
- Legal aid to be provided to the condemned prisoners inside the jail.
- Solitary confinement of a death convict and other prisoners is unconstitutional.
- Condemned prisoners must be given a chance to meet their family members before execution of death sentence.
- Death sentence of a condemned prisoner cannot be executed if he is suffering from mental illness and schizophrenia.
- Unexplained delay is a ground for commuting death penalty to life sentence.
(Source: The Hindu)
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