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Mercy Petitions

bhavani 1 Feb 2010, 09:42

Is there any time frame on the Governor or the President of India to deal with mercy petitions? Can they keep it pending for a very long time ?

1 Reply

RUDRESH 5 Feb 2010, 10:34

Under Art.72 of the Constitution of India, no time limit or time frame has been prescribed for disposal of a mercy petition. Similarly under s.432 and 433 of CrPC no time frame has been provided. However, in the case of Sher Singh vs. State of Punjab (AIR 1983 SC 361) the Apex court had observed that such cases should be disposed of vigorously, as much as possible, within three months.

Having said that,for all the times in the past and in future, with the Hon’ble President having more important jobs at hand, it seems impossible for such petitions to be disposed of in such a short time.