Government does not propose to put a time frame for deciding on the clemency petition of terrorists given the death sentence, Home Minister said.
NEW DELHI: Government does not propose to put a time frame for deciding on the clemency petition of terrorists given the death sentence, Home Minister Shivraj Patil informed the Rajya Sabha on Wednesday.
Replying to supplementaries during the Question Hour, he said a pardon petition once made to the President has to pass through various authorities beginning with a reference to the concerned state government. It is then referred to the Union Home Ministry, after which the Cabinet decides and gives its recommendation to the President.
With a multi-layer consultation process involved, "it will be impractical to provide a time frame," he said.
Asked if the President applies his own mind on such requests or goes by the decision of the Cabinet, the Home Minister said, according to the Constitution "wherever President is mentioned, it means the executive, the Cabinet."
On the clemency petition of Parliament attack convict Afzal Guru, Patil said it was referred to the Delhi government for opinion, after which it has to come to the Central government.
He, however, did not clearly say if the Delhi government has given its opinion on the issue and the case has come to the Union Home Ministry for consideration.
The Minister said the Constitution provides for any person awarded death sentence to appeal to the President for clemency and if that provision has to be removed, it should be based on 'solid reasoning'.
"It is felt that for administration of justice in a proper and humane manner, the power of President to pardon, should be continued," he said.
Patil said it was "not for the executive to decide if the sovereign authority of the President to pardon someone should be withdrawn".
The government does not propose to bring an amendment to the Constitution to abolish the provision, he added.
"The framers of the Constitution had applied their mind when they included this provision," the Minister said.
Pointing that even the 90-day time frame prescribed for filing of a charge sheet in criminal cases was not adhered to many a time, the Minister said there exists no time frame for deciding on cases in courts.
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