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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 Kaur'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 Nav neet Kaur 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 additiona...
The correct answer is option (D): Yes, Navneet Kaur's challenge may succeed since there was a strong and sufficient ground of unexplained/inordinate delay of 8 years in the disposal of the mercy petition.
Explanation:
In the case of Devender Pal Singh Bhullar, his wife Navneet Kaur filed a curative petition challenging the death sentence imposed upon her husband and sought its commutation to life imprisonment on the grounds of the delay of 8 years in the disposal of the mercy petition. This delay can be considered as a violation of the dignity and right to life, as enshrined in the Constitution.
The Supreme Court of India has held in several cases that unexplained, unreasonable or inordinate delay in the disposal of mercy petitions is a ground for the commutation of the death sentence to life imprisonment. This is because such a delay may cause mental agony and suffering to the prisoner, which may amount to torture and thus, violate their right to life and dignity as guaranteed under Article 21 of the Constitution.
In this regard, the following points can be considered:
- The delay of 8 years in the disposal of the mercy petition is a significant period, which may have caused immense mental agony and suffering to Bhullar.
- The delay was unexplained and inordinate, which raises questions on the fairness of the process.
- The Supreme Court's guidelines in the Shatrughan Chauhan case (2014) emphasize the importance of respecting the constitutional rights of prisoners, even up to the moment of their execution. The delay in this case may be seen as a violation of these guidelines.
Therefore, considering these factors, Navneet Kaur's challenge may succeed, and the death sentence imposed upon Devender Pal Singh Bhullar may be commuted to life imprisonment on the ground of the delay of 8 years in the disposal of the mercy petition.
In the case of Devender Pal Singh Bhullar, his wife Navneet Kaur filed a curative petition challenging the death sentence imposed upon her husband and sought its commutation to life imprisonment on the grounds of the delay of 8 years in the disposal of the mercy petition. This delay can be considered as a violation of the dignity and right to life, as enshrined in the Constitution.
The Supreme Court of India has held in several cases that unexplained, unreasonable or inordinate delay in the disposal of mercy petitions is a ground for the commutation of the death sentence to life imprisonment. This is because such a delay may cause mental agony and suffering to the prisoner, which may amount to torture and thus, violate their right to life and dignity as guaranteed under Article 21 of the Constitution.
In this regard, the following points can be considered:
- The delay of 8 years in the disposal of the mercy petition is a significant period, which may have caused immense mental agony and suffering to Bhullar.
- The delay was unexplained and inordinate, which raises questions on the fairness of the process.
- The Supreme Court's guidelines in the Shatrughan Chauhan case (2014) emphasize the importance of respecting the constitutional rights of prisoners, even up to the moment of their execution. The delay in this case may be seen as a violation of these guidelines.
Therefore, considering these factors, Navneet Kaur's challenge may succeed, and the death sentence imposed upon Devender Pal Singh Bhullar may be commuted to life imprisonment on the ground of the delay of 8 years in the disposal of the mercy petition.
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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?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 Nav neet Kaur 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?
Question Description
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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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?.
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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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.
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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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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. 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?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 Nav neet Kaur 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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