New Delhi: Seventy-seven mercy petitions
have been decided by the Presidents during the last 30 years
out of which in 10 the sentence has been commuted to life
The President`s Secretariat gave this information in
an RTI reply dated June 2.
According to the latest data, there are 29 condemned
prisoners in the country who have filed mercy plea before the
President. Among these, 24 mercy petitions are under
consideration with President`s Secretariat, three are with
Home Ministry and two are awaiting views of state governments.
Among the pending mercy petitions at the President`s
Secretariat, the oldest is of Shyam Manohar, Sheo Ram, Prakash
Suresh, Ravinder and Harish of Uttar Pradesh who killed five
members of a family to avenge the death of brother of one of
Their mercy petition after being cleared by the state
government in 1998, has been pending before the secretariat
since January 1, 1999. It was resubmitted on July 2005 and
"All the mercy petitions, under Article 72 of the
constitution, are being examined in the Ministry of Home
Affairs in consultation with the concerned State
"The broad guidelines generally considered while
examining the mercy under Article 72 of the Constitution
relate to personality of the accused such as age, sex or
mental state of the accused, circumstances of the case,
conduct of the offender, medical abnormality falling short of
legal insanity and so on," the reply on the RTI plea by
activist S C Agarwal said.
It said after examination, the case is submitted to
the President`s Secretariat for a final decision with the due
recommendation of the Union Home Minister.
If the appeal is rejected under the Article 72, the
decision of the President is communicated to the concerned
state governments and union territories, who decide the date
of execution in the matter under the existing rules, it said.