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The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.
It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.
Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.
Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?
  • a)
    No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.
  • b)
    Yes, since 8 years can be considered as a violation of the dignity and right to life.
  • c)
    No, since Amita has the statutory right to file the Curative Petition.
  • d)
    Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.
Correct answer is option 'D'. Can you explain this answer?
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The Centre has filed an application in the Supreme Court for addition...
Correct Answer is (d) as there has been sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition. Option (a) and option (b) are exactly opposite of the gist of the passage.
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The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics.Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly "accused-centric" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected.Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the "rarest of rare" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/ inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Navneet Kaur wife of Devender Pal Singh Bhullar, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Devender Pal Singh Bhullar by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Navneet Kaurs challenge succeed?

The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics.Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly "accused-centric" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected.Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the "rarest of rare" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. All citizens shall hav e the right of freedom to practice any profession. A restriction which destroy the very right to freedom guaranteed under the constitution shall be considered an unreasonable restriction.Death trials have always been considered to be dehumanising as it often causes grave mental harassment to the accused. Parliament in order to prevent such harassment passed a law banning lawyers to be part of Death trials. If lawyers challenge this decision, based only on the information set out in the given passage and in this question, are the restrictions justified?

The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. All citizens shall have the right of freedom to practice any profession. A restriction which destroys the very right to freedom guaranteed under the constitution shall be considered an unreasonable restriction. Death trials have always been considered to be dehumanising as it often causes grave mental harassment to the accused. Parliament in order to prevent such harassment passed a law banning lawyers to be part of Death trials. If lawyers challenge this decision, based only on the information set out in the given passage and in this question, are the restrictions justified?

The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics.Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly "accused-centric" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected.Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the "rarest of rare" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Instigating a person to cause death and all the results of instigation amounts to murder. A man was chasing his wife with a stick intending to hit her and threatening to kill her. She in a hurry jumped out of a window and died as a result. Can the man be held liable for the death of the woman?

The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics.Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly "accused-centric" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected.Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries. Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the "rarest of rare" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. No man shall be deemed as a criminal until and unless proved beyond reasonable doubt. Kumar, a famous fashion designer was found murdered and the circumstantial evidence strongly pointed out towards Manu Lal. A vicious propaganda was launched against him, by certain media houses deeming him to be a murderer and a psychopath.Judgment delivered holding him guilty. If Lal files curative petition challenging the judgment being influenced by these acts of the media houses, will he succeed?

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The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer?
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The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer?.
Solutions for The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The Centre has filed an application in the Supreme Court for additional guidelines regarding the execution of condemned prisoners. The Ministry of Home Affairs seeks the incorporation of measures aimed at reducing the scope for death row convicts to adopt dilatory tactics. Even though there may be some evidence to believe that convicts tend to file review petitions, mercy petitions and curative petitions in such a way that their execution is indefinitely delayed, it is difficult to attribute their conduct to the supposedly ""accused-centric"" nature of the guidelines laid down by the Supreme Court in Shatrughan Chauhan (2014). These guidelines were undoubtedly aimed at protecting the constitutional rights of prisoners in the context of a sound body of jurisprudence that maintains that such rights extend right up to the moment of their execution. The court was anxious about enforcing their right to be informed about the scope for filing petitions for clemency, for being given legal assistance in drafting them, and for exploring judicial remedies even after their appeals for mercy are rejected. Further, the 14-day time lag between the closure of the clemency route and their hanging is aimed at preventing secret executions.It is strange that the government wants the Supreme Court to frame a rule imposing a seven-day limit on the time that convicts have to file a mercy petition after a death warrant is issued. And that courts, governments and prison authorities should all be mandated to issue death warrants within seven days of the rejection of mercy petitions and to carry out the sentence within seven days thereafter. On the need for a time limit for filing curative petitions, the government is right in believing that the absence of such a stipulation gives scope for convicts in the same case to take turns to file such petitions. However, there is no sign that the apex court delays disposal of curative petitions. If and when one is filed, it results in no more than a few days' delay. In a country that unfortunately retains the death penalty, there is no excuse for delaying the disposal of any petition, either in court, or before constitutional functionaries.Nor is there any need to expedite executions by revisiting sound guidelines. As the death penalty is limited to the ""rarest of rare"" cases, nothing is lost if those facing execution are allowed to exhaust all possible remedies.Q. Unexplained/unreasonable/inordinate delay in disposal of mercy petition is one of the circumstances for commutation of death sentence to life imprisonment. Amita, wife of Amit, filed the present Curative Petition, wherein she prayed for setting aside the death sentence imposed upon Amit by commuting the same to imprisonment for life on the ground of delay of 8 years in disposal of mercy petition. Will Amita's challenge succeed?a)No, since 8 years cannot be considered as the circumstances for commutation of death sentence to life imprisonment.b)Yes, since 8 years can be considered as a violation of the dignity and right to life.c)No, since Amita has the statutory right to file the Curative Petition.d)Yes, since there was strong and sufficient ground of unexplained/inordinate delay of 8 years in disposal of mercy petition.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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