Why is there a delay in execution of death sentence? What should be the procedure for this, Supreme Court will tell

New Delhi: During the hearing of a case of delay in death penalty, the Supreme Court said that should not a procedure be fixed that after the death penalty is awarded, it should be executed within the stipulated time? The apex court said that it will fix a procedure for this. In fact, the Maharashtra government has filed an application challenging the 2019 decision of the Bombay High Court. The Bombay High Court had converted the sentence of Purushottam and Pradeep, who were sentenced to death for the rape and murder of a 22-year-old girl, to life imprisonment. Earlier, both of them had filed a mercy petition but the mercy petition was rejected. The Bombay High Court, on the basis of delay in execution, converted the sentence to life imprisonment and fixed the term of punishment as 35 years of imprisonment. The High Court had said that there was a delay of more than four years in the execution of the sentence.Why was there a delay in the execution of the sentence?
The Supreme Court asked the Maharashtra government why there was a delay in the execution of the sentence? The state government’s lawyer said that the President and the Governor have to decide on the mercy petition and this decision cannot be taken in a hurry. The bench headed by Justice AS Oka of the Supreme Court said that should not a procedure be fixed that as soon as the Supreme Court confirms the death sentence, the state government should file an application in the Sessions Court to find out whether the convict has filed a mercy petition with the President or not?

The Sessions Court will find out whether the convict has filed any mercy petition? It will have to issue a notice to the convict and tell him/her that he/she has the legal option to appeal to the President for a mercy petition. The responsibility of the state is very important in this case, because it has a dual responsibility here. On one hand, there is the question of the convict’s right to life, and on the other hand, it is the state’s responsibility to implement the court’s order. In such a situation, the state should be pro-active in this matter. The Supreme Court said that no one can imagine how much burden there is on the courts right now. There is a need to set a process so that the state government can implement it.

Is there a right to life even after death sentence?
After being sentenced to death, the convict can file a mercy petition before the President. However, he/she can be hanged only 14 days after the mercy petition is rejected. On the basis of delay in rejection of the petition, the convict can challenge the decision in the Supreme Court through a writ. Under Article 72 of the Constitution, the President has the right to hear the mercy petition, while under Article 161, the Governor has the right to see the mercy petition. If they want, they can convert the death sentence of the convict into life imprisonment or even pardon him/her. On 21 January 2014, the Supreme Court had given the order that on the basis of delay in disposal of the mercy petition, the death sentence can be converted into life imprisonment. The Supreme Court had said that even if the convict has been sentenced to death, as long as he/she is breathing, he/she has protection under Article 21 (Right to Life) of the Constitution. This means that the right to life remains intact until the death sentence is executed.