Govt plea against commutation of convict’s death penalty dismissed
10 Aug 2013 11:56 PM GMT
The Supreme Court has dismissed the Centre’s plea seeking review of its judgement commuting to life term the death sentence awarded to murder convict M N Das, whose mercy petition was rejected by then President Pratibha Patil.
‘We have gone through the review petition and record of the appeal and are convinced that the judgement of which review has been sought does not suffer from any error apparent warranting its reconsideration,’ a bench headed by Justice G S Singhvi said while dismissing the review petition.
The bench also said that earlier, at one stage, the then President had also recommended commutation of Das’s capital punishment.
‘While disposing of the criminal appeal, this court followed the principles laid down in various precedents and took into consideration the fact that at one stage the President had recommended commutation of death sentence.
‘Therefore, we do not find any valid ground to review judgement dated May 1, 2013,’ the bench also comprising justice S J Mukhopadhaya said.
The apex court had on 1 May allowed the plea of convict Mahendra Nath Das, who had approached it for commutation of his death sentence on the ground that the President had taken eleven years to decide his mercy plea. The court, which had refused to grant a similar relief to Khalistani terrorist Devinderpal Singh Bhullar on the ground of delay in deciding mercy plea, however, had commuted death sentence of Das to life imprisonment.
Das, while out on bail in another case, had beheaded one Harakanta Das at Fancy Bazaar in Assam and surrendered with the victim’s head on 24 April, 1996 and in 1997.
‘We have gone through the review petition and record of the appeal and are convinced that the judgement of which review has been sought does not suffer from any error apparent warranting its reconsideration,’ a bench headed by Justice G S Singhvi said while dismissing the review petition.
The bench also said that earlier, at one stage, the then President had also recommended commutation of Das’s capital punishment.
‘While disposing of the criminal appeal, this court followed the principles laid down in various precedents and took into consideration the fact that at one stage the President had recommended commutation of death sentence.
‘Therefore, we do not find any valid ground to review judgement dated May 1, 2013,’ the bench also comprising justice S J Mukhopadhaya said.
The apex court had on 1 May allowed the plea of convict Mahendra Nath Das, who had approached it for commutation of his death sentence on the ground that the President had taken eleven years to decide his mercy plea. The court, which had refused to grant a similar relief to Khalistani terrorist Devinderpal Singh Bhullar on the ground of delay in deciding mercy plea, however, had commuted death sentence of Das to life imprisonment.
Das, while out on bail in another case, had beheaded one Harakanta Das at Fancy Bazaar in Assam and surrendered with the victim’s head on 24 April, 1996 and in 1997.
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