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Article 72 of Indian Constitution of Indian1949 states as under:

Power of President to grant pardon, etc and to suspend, remit, or commute


sentences in certain cases.
As per this section, if read with Article 21 of the constitution
The main object of filing mercy petition by a prisoner is to commute, remit or
suspend the punishment, rather not to avail additional torture. In the case at bar,
Mercy petition was filed by the petitioner which was to be decided in an expeditious
manner. But an unexplained and unreasonable delay in the above said case by the
executive leads to additional mental agony to the victim. The president dealt with
the mercy petition in a lackadaisical manner where the question was for a mans life
on stake. For a period of more than 7 years, the president doesnt even bother to
decide the matter timely. Even after it was decided and then upheld by the
Honorable Supreme Court of Indian, the concerned person was not executed for a
period of 3 more years, which is totally unexplained. Giving death penalty to a
person is not a bad judgment, as it states what the Law is, but what bad judgment
is, the manner in which the government dealt with the prisoner which has caused
injustice to the accused. Such an injustice has infringed the fundamental right of the
person enshrined under Article 21 of Constitution. This is totally against the intend
of the drafters of the Indian Constitution. However if the person would have been
executed after the Supreme Courts order of upholding Presidents decision, there
would have been no question of injustice. Double Jeopardy is not permitted in our
Legal System. The person is not only subjected to punishment but also to mental
agony for more than 2 decades which is a total injustice in regard to the rights of
the prisoners.

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