NEW DELHI: Two months after questioning the rationale behind commuting death sentences of five rape-murder convicts to life imprisonment during then President Pratibha Patil's tenure, a Parliamentary committee has now suggested that the mercy petitions should not be by and large considered for such criminals.
Though the Committee is not in favour of completely knocking out the provision of mercy plea for convicts like those on death row, it wants the government to spell out reasons for grant of pardon.
The Parliament Standing Committee on home affairs - which finalized its report on the Criminal Law (Amendment) Bill, 2012 on Tuesday - also recommended the government to expeditiously dispose off any mercy petition.
Besides, the panel has favoured death sentence for rapists in case the victim dies or is left comatose. It has also agreed to replace the word 'rape' with 'sexual assault' - in sync with the Ordinance on criminal law that was promulgated by President Pranab Mukherjee on February 3 - and suggested including all clauses on capital punishment in the new Bill.
Sources in the home ministry said that the government will withdraw the pending Bill and introduce new Criminal Law (Amendment) Bill, 2013, in Parliament next month. The new Bill, replacing the Ordinance, will incorporate these provisions.
Though the matter concerning mercy pleas was not part of the panel's mandate, it is learnt to have suggested in the wake of strong objections raised by a few members over commutation of death sentence of five rapist-murderers to life imprisonment by President Patil between 2010 and 2012.
Members of the Committee - headed by BJP Rajya Sabha member M Venkaiah Naidu - had on December 27, 2012, referred to four cases involving five rapist-murderers while questioning the government's decision.
The cases include that of Uttar Pradesh's Bantu, who was convicted for raping and killing a five-year-old girl. His mercy petition was disposed off in his favour by President Patil last June. Among others whose death sentences were commuted include Moloi Ram and Santosh Yadav of Madhya Pradesh in February 2011, Satish of UP (May, 2012) and Dharmender Singh (June, 2010).
The last such criminal was hanged in the country was West Bengal's Dhananjoy Chatterjee in August, 2004. He was found guilty of raping and killing a 14-year-old girl in 1990.
Under Article 72 of the Constitution, the President's clemency powers can only be exercised under the government's advice. "The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence," the Article says.
House panel against considering mercy plea of rape-murder convicts
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House panel against considering mercy plea of rape-murder convicts
