Multiple Mercy Petitions

Must Read

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions,...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by...

Punjab Woman Evokes Petition for Protection Fearing Honour Killing

In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour...

Punjab Woman Accuses Punjab Police of Keeping Husband in Illegal Custody and Framing Him in a False Case

In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus...

Follow us

The Centre’s filed a petition questioning the decision pf the Tamil Nadu government to remit sentences of seven life convicts in Rajiv Gandhi assassination case and release them. The SC had stayed Tamil Nadu’s decision earlier. A 1993 Mumbai serial blast condemned prisoner Yakub Abdul Razak Memon, moved a mercy petition to the Maharashtra governor after a similar petition had been rejected by the President

Without referring to Yakub, a five-judge bench decided the question whether a person could endlessly move mercy petitions and whether it was proper for a condemned prisoner to petition the governor after his mercy plea was rejected by the President. It was argued that there was no bar under the law for a convict to move multiple mercy petitions.  But the bench was considering the awkward situation that could be created through such a practice which was not clearly what the Constitution maker has envisaged. This cyclic process of filing mercy petitions and moving the courts is meant to frustrate the process of law by not allowing a case to reach finality.

A second mercy petition is maintainable technically. Unless the second mercy petition contains new material or new grounds, it serves no purpose. The fact that 1993 Mumbai blasts convict Yakub Memon’s earlier petition was rejected by the UPA government is not a ground of substance. His second petition was substantially the same as the first petition filed by his brother on his behalf, which was rejected before the recent writ petitions were filed in the Supreme Court.

Latest News

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

Punjab Woman Evokes Petition for Protection Fearing Honour Killing

In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour killing against her by her...

Punjab Woman Accuses Punjab Police of Keeping Husband in Illegal Custody and Framing Him in a False Case

In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus as she claimed that her...

Addition of Words as Prefixes or Suffixes Is an Infringement of a Registered Trademark: Delhi High Court

Justice Jayanth Nath allowed the Times Group to use its registered trademark “Newshour”, in the case of Bennett Coleman and Co. Ltd v. ARG Outlier...

Just Because the Deceased Did Not Have License, Does Not Imply He Was Negligent: Chhattisgarh High Court

In the case of Hemlal & Others v. Dayaram & Others, a Single Bench of Chhattisgarh High Court consisting of Justice Sanjay S. Agrawal annunciated various...

Hoardings Are Movable Property Under Section 2(3) of DMC Act Subject To the Twin Test: Delhi High Court

Delhi High Court in the case of Delhi International Airport v South Delhi Metropolitan Corporation discussed in detail the provision under Section 2(3) of the DMC...

State Cannot Issue Directions on Rate of Charge of Non-COVID Patients in Private Hospitals: Bombay High Court

On 23rd October 2020, the Nagpur Bench of Bombay High court at Nagpur, consisting of Justice R.K. Deshpande and Justice Pushpa V. Ganediwala gave...

More Articles Like This

- Advertisement -