Maharashtra has established a dedicated cell under the Additional Secretary (Home) to expedite processing of mercy petitions for death row convicts.
- This decision follows Supreme Court directive (2024) mandating all states & UTs to create dedicated units within their Home/Prison Departments for efficient handling of mercy petitions.
Mercy Petition
- Mercy petition to the President or Governor is last constitutional resort a convict can take when he is sentenced by court of law.
- Mercy pleas and pardons are discretionary acts of grace, not legal rights.
- Mercy is exercised through clemency power, which is also known as the pardoning power.
Pardoning Power
- President's Pardoning Power (Article 72)
- Pardon: Complete absolution from punishment.
- Respite: Lesser punishment due to special circumstances like disability or pregnancy.
- Reprieve: Temporary stay of execution, allowing time for appeal.
- Remit: Reduces duration of sentence while keeping its nature the same.
- Commute: Replace the punishment with a lesser form, e.g., death to life imprisonment.
- President’s power extends to court-martial cases, offenses under Union law, death sentence cases etc.
- Governor's Pardoning Power (Article 161): Governor too has pardoning powers, but these do not extend to death sentences and court Martials.
- President & Governor do not act independently but on government advice (Maru Ram case, 1980).
