News Excerpt:
The President of India has rejected a mercy petition filed by Pakistani national Mohammed Arif.
More about News:
- Mohammed Arif was sentenced to death for the December, 2000 terrorist attack at the Red Fort in which three people were killed.
- The President’s decision came after Arif failed to obtain relief from the Delhi High Court and Supreme Court in his appeals against a trial court order of October 2005.
- He can challenge the President’s decision and prolong the proceedings further.
Background of the trial and appeal
- Trial Court Decision: In 2005, Arif was sentenced to death by the trial court for his involvement in the Red Fort attack.
- Delhi High Court Confirmation: In 2007, the Delhi High Court upheld the trial court's decision to sentence Arif to death.
- Supreme Court Appeal: Arif appealed to the Supreme Court, which on August 10, 2011, rejected his appeal. The Supreme Court rejected the appeal, calling the attack an “undeclared war by some foreign mercenaries" and applied the "rarest of rare" standard.
- Review Petitions: Arif again filed a review petition at the Supreme Court against the death sentence. The petition was rejected in 2012, which was followed by a curative petition in January 2014, which was also rejected.
- Constitution Bench Decision: In September 2014, a Constitution Bench ruled that death sentence cases should be heard by at least three judges. Arif's case was subsequently reviewed by a three-judge Bench.
- Latest Supreme Court Decision:On November 3, 2022, nearly 22 years after the attack, a three-judge Bench led by former Chief Justice of India rejected Arif’s plea, citing a direct attack on India's unity, integrity, and sovereignty.
- Mercy Petition: Arif submitted a mercy petition to the President on May 15, 2024, seeking clemency.
The "rarest of rare" case rule:
- The Supreme Court upheld the constitutionality of the death penalty in the 1980 case Bachan Singh v. State of Punjab, establishing important guardrails.
- The court has held that the death penalty should only be awarded in the "rarest of rare" cases when no alternative option is available.
- All possible mitigating circumstances must be considered before awarding the death penalty.
- The "rarest of rare" standard has been reaffirmed in several subsequent decisions by the court.
Law Commission on the Death Penalty:
- The 262nd Law Commission Report published in 2015 recommended the "absolute abolition" of the death penalty for all crimes except terrorism-related offenses and waging war.
- The Law Commission Report noted that the President's 'mercy powers' are crucial, and cases deemed unfit for mercy may merit capital punishment.
What can happen here onward?
- Arif has the option of challenging the President’s rejection of his mercy petition.
- At a procedural level, the apex court has held that the President’s power must be exercised based on the aid and advice of the Council of Ministers, and can be challenged on multiple grounds including that
- Relevant material was not considered,
- The power was exercised based on political considerations, or
- There was no application of mind.
- The top court has also commuted the death sentence in cases of inordinate delay in deciding mercy petitions, such as in the case of Shatrugan Chauhan v. State of U.P. (2014).
- The court also commuted the sentence of one Gurmeet Singh after he spent 27 years in custody (and 21 years on death row). The court found that there was an inordinate delay in deciding his mercy petition, which was disposed of in March 2013 more than seven years after the Supreme Court first upheld the death sentence.
- In April 2023, the Supreme Court declined to interfere with an order of the Bombay High Court, which commuted the death sentence awarded to a woman and her sister on grounds of inordinate delay in deciding the mercy petitions of the accused.
- Arif has spent over 23 years in custody, and close to 19 years under a death sentence.
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What are mercy petitions?
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