No fixed time to decide mercy plea: Centre to SC

Citing Article 72, laments: Powers of the President are discretionary

PTI | January 11, 2012



The centre has told the supreme court that no time limit can be fixed for disposal of mercy plea of a death convict and the court cannot prescribe a time limit for it.

In an affidavit filed in the apex court, the centre said the powers conferred on the President to decide a mercy plea are special powers which cannot be interfered with.

"The powers under Article 72 of the Constitution are special powers overriding all other laws, rules and regulations in force. No timeframe can be set up for the President in this regard," the affidavit said.

"The powers of the President are discretionary which cannot be taken away by any statutory provision and cannot be altered, modified or interfered with in any manner whatsoever by any statutory provision or authority," it said adding "the court, therefore, cannot prescribe a time limit for disposal of the mercy petition".

The centre filed its response on the apex court's order which was passed on a PIL by an NGO, Justice on Trial Trust, seeking its direction to the government for expeditious disposal of mercy plea pending before the President.

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