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The proposal included a mandate for executions to be carried out within a mere seven days after the rejection of a mercy petition
The SC concluded that the application was ‘without merit’ and did not warrant any modification of the existing, well-settled principles. File pic/PTI
The Supreme Court on Wednesday summarily rejected a significant plea by the Union government that sought to introduce stricter, society-centric timelines for death row convicts to exhaust their legal remedies, including a mandate for executions to be carried out within a mere seven days after the rejection of a mercy petition. The application, filed by the Ministry of Home Affairs, aimed to modify the comprehensive and convict-centric guidelines established by the top court in its landmark 2014 judgment, Shatrughan Chauhan v Union of India. A bench of Justices Vikram Nath, Sandeep Mehta, and NV Anjaria dismissed the plea, concluding that the application was “without merit” and did not warrant any modification of the existing, well-settled principles.
The Centre’s push for new guidelines originated against the backdrop of the prolonged legal battle and sequential filings by the convicts in the 2012 Delhi gang-rape and murder case, which significantly delayed their eventual execution in 2020. Arguing that death row convicts in heinous crimes “take the judicial process for a ride” under the garb of Article 21 (Right to Life), the government contended that the Shatrughan Chauhan judgment focused solely on the rights of the accused and failed to address the “irreparable mental trauma and agony” of victims’ families and the larger public interest.
Specifically, the Union government’s application sought three major changes to expedite the process: a clear timeline for the filing of a curative petition after a review petition is dismissed; a requirement that a mercy petition must be filed within seven days of the issuance of a death warrant; and, crucially, a directive to execute the death sentence within seven days of the mercy plea’s rejection, irrespective of pending legal proceedings by co-convicts.
Observers say that by dismissing the application, the Supreme Court has unequivocally affirmed that the judicial framework governing the death penalty must remain anchored in constitutional safeguards and the fundamental right to life, even for those on death row. The Shatrughan Chauhan judgment currently mandates a minimum 14-day notice period between the rejection of a mercy petition and execution, a critical provision meant to allow the convict to pursue residual legal remedies and prepare mentally for death. The court’s refusal to reduce this period or impose strict, fixed deadlines underscores the principle that due process and the exhaustive availability of legal recourse cannot be compromised in the name of expediency or to satisfy collective conscience. The ruling ensures that the jurisprudence on capital punishment continues to prioritise procedural fairness, balancing the severity of the sentence with the inviolability of constitutional rights.
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
October 09, 2025, 06:28 IST
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