The Govt has opposed the mercy petition for Afzal Guru, but is wary of whether President Pratibha Patil will accept its recommendation to carry out the death sentence of Parliament attack convict. According to sources, Govt will soon forward its recommendation to the President, putting an end to the uncertainty over its own stand on punishment to Jaish-e-Mohammad terrorist convicted of one of the most audacious crimes. But the decision may not necessarily result in immediate execution, for President Patil is known to have serious reservations about death penalty. We doubt she will accept the recommendation, said a senior Govt functionary familiar with the thinking in Rashtrapati Bhavan. Significantly, in response to a query from TOI, Rashtrapati Bhavan said: As you would be aware, clemency powers are conferred upon the President under Article 72 of the Constitution which does not prescribe any time frame, the Presidents Secretariat said. Interestingly, while TOI posted its question online on Sep10 last year, Rashtrapati Bhavan responded only on June 7 this year.
An examination of the list of 24 pending mercy petitions, attached to the President Secretariats response, shows how Rashhtrapati Bhavan, under two successive Presidents APJ Abdul Kalam and the incumbent has for five years been sitting over the recommendation of the home ministry for the execution of death sentence given to three persons convicted of Rajiv Gandhi assassination T Suthethiraja alias Santhan, Sriharan alias Murugan and G Pasarivalan alias Arivu. The home ministry had sent its response, rejecting their mercy petitions,to the President House on June 22, 2005.
Referring to Afzal Gurus file which has been with the home ministry for nearly two weeks, sources said the file was expected to be sent to PMO soon and from where it will be sent to Rashtrapati Bhavan. The mercy petition was filed by Gurus wife Tabassum four years ago. The petition was referred by ministry to the Delhi government which sat on it for nearly four years. Delhis Lt. Governor Tejinder Khanna had sent the file on Guru to the home ministry early this month after 16 reminders to the Sheila Dikshit Govt. Guru was sentenced to death by a sessions court on December 18, 2002, for the December 13, 2001, militant attack on Parliament House. The verdict was upheld by the Delhi HC on October 29, 2003, and by SC on Aug 4, 05. Subsequently, sessions court set Oct 20, 06 as date for hanging Guru but his wife filed the mercy petition.
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(source-toi)
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