Prez rebuts charge that she is on clemency spree

All petitions were decided on the advice of P Chidambaram

Prez rebuts charge that she is on clemency spree

President Pratibha Patil’s office on Monday issued a lengthy rejoinder to critical media reports alleging non-application of mind in the disposal of mercy petitions of death row convicts and said the reports showed a lack of correct appreciation of the constitutional provisions and related court judgments.  

The President had approved granting mercy to 35 convicts ahead of her tenure coming to an end next month.

The President, in a press release issued by Rashtrapati Bhavan said capital punishment was an emotive issue on which a debate was on between abolitionists and retentionists.  “As such, there is a need to have an informed discussion and debate on the matter...so long as death sentence remains a part of our statutes and seeking of clemency by a condemned prisoner or on his behalf is constitutionally ordained, the President is duty bound to discharge this obligation. The uncharitable comments on the President’s actions to fulfill constitutional obligations to dispose of mercy petitions is unwarranted.”

“A queer pitch has been created as though many brutal criminals have been shown mercy and released. It is common knowledge that all death convicts seeking mercy are those who have committed ghastly and heinous crimes of the “rarest of the rare” category. Nevertheless, the Constitution confers on them the right to seek clemency…By the exercise of the power of pardon, the President does not amend, modify or substitute the judicial decisions…When the President, on the aid and advice of the government takes a reasoned decision to reject or accept the mercy petition, the President is discharging a constitutional obligation and not doling out generosity or acting to the contrary.”  

On govt aid, advice

The release said Article 72 conferred on the President the power to grant clemency. “However, in the exercise of these powers, the President is not supposed to act on her own judgment but is mandated to act in accordance with the aid and advice of the Government in terms of Article 74 of the Constitution. The advice of the Government is binding on the Head of State… Thus, the power to pardon is a part of the constitutional scheme and not a private act of grace on the part of the President.”

The release said the allegation of non-application of mind was factually incorrect and misleading. 

“The President has disposed clemency petitions only after due examination on receipt of the aid and advice of the Home Minister.” the release said.