At least some of us might have swallowed our Hon'ble Minister
Sri.Chidambaram's reply that Convict Afsal Guru's mercy petition is pending
as 22nd in the Rashtrapathi Bhavan waiting for its turn. Some how I smelt
rat and asked its status from President's Secretariate (Rashtrapati
Bhavan).as well as from Home Ministry under right to information.. Believe
it or not. Following are part of the propt reply:
1. Convict Mohd Afsal Guru's punishment was confirmed by Supreme Court on
04-08-2005 has not filed any mercy petiton. However his wife has filed a
mercy peition on behalf of Mohd Afzal Guru on 03-10-2006 (14 months after
confirmation of the punishement). The Rashtrapati Bhavan has forwarded it
in original to the Ministry of Home affairs vide UO No.15(7)/2006-CA-II
dated 03-12-2006 (on the same date) for their advice
2. It is not pending at Rashtrapathi Bhavan waiting for its turn as stated
by the Hon'ble Minister.
3. Despite lapse of 2 years and 8 months the Rashtrapti Bhavan has not
received the advice of Ministry of Home affairs. It is pending with the
Ministry of Home Affairs
4. Other than the case of Mohd Afsal. only ONE case is pending with the
Ministry of Home
Affairs. It is of one Om Prakash of Uttaranchal received by them on
09-05-2003 (09-05-2003)..
The above cituation poses many doubts viz.,
(a) Is it obligatory for a convict to file a mercy petion after
the punishment is confirmed
by the Supreme Court
(b) Is there any time-frame prescribed for filing mercy petion
(c) Is the punishment is kept at susense till such time a mercy
peition is filed as
happend in the case of Afsal Guru where no mercy petition
was filed by any
one for 1 year and 2 months
(d) When the convict does not seek any mercy by not filing a mercy
peition, is the
petition filed by his wife can be considered as his mercy
petition
(e) Why the Hon'ble Minister made a statement that Afsal Guru's
petition is pending
at the Rashtrapathi Bhavan as 22nd in the waiting when it was
pending with his
own Ministry and the Rashtrapati Bhavan has dispossed it off
on the same date
of receipt..
[Non-text portions of this message have been removed]
