The convicts are exploiting the process of law: Centre to SC
Solicitor General Tushar Mehta while giving his submission in the court said, "There was a deliberate delay on part of the convict and prompt response on part of the institution".
There cannot be any delay in the interest of justice, death sentence cannot be delayed. In the interest of the convict, any delay in death sentence will have a dehumanising effect on the accused.
He further stated that once SC decides the fate of all convicts in finality, there is nothing barring them from being hanged separately. Last legal remedy which can postpone the hanging, as per the Prison Rules, is the Special Leave Petitions before the SC.
"Delhi Prison Rules say that in case of co-convicts, convicts have to be hanged together only if an “appeal or application” is pending. This “appeal or application” doesn't include mercy petitions. They are separate & cannot be included in this," he submitted.
The Centre further stressed that the law requires a 14 days notice period to be given to the convicts to take care of their affairs before they are hanged. In this case, on13th day, a convict will file some plea&then ask for a warrant to be stayed against all.
"Mercy jurisdiction is always a personal jurisdiction. The President may show mercy towards a convict because of his circumstances. How will that be applicable to other convicts?" Mehta questioned.
"Credibility of the institution and its own power to execute death sentence is at stake. People celebrated after the encounter of rape accused in Telangana. It was not the celebration of the police, it was the celebration of justice," he further said.
