Sena wants no mercy plea for death row convicts

New Delhi: A Bill seeking to bar death row convicts for waging a war against the nation from making mercy pleas to the President is likely to be introduced by a Shiv Sena member in the Rajya Sabha on Friday.

The Private Members bill being moved by Bharatkumar Raut has come close on the heels of the Supreme Court upholding the capital punishment for Pakistani terrorist Ajmal Kasab in the 26/11 Mumbai attack.

"The acts of violence perpetuated by the above accused amount to waging a war against India and therefore should not be considered with a normal parameter," according to the statement of Objects and Reasons of the Constitution Amendment Bill.

It pointed out that the 2001 Parliament attack convict Afzal Guru had moved a clemency petition to the President and Kasab, convicted for the Mumbai terror attack, is likely to do so.

"Therefore, the provision of Hon'ble President's discretion of pardoning or suspending the sentence pronounced by the Supreme Court of India should not be available to such accused," it said.

The Constitution of India provides power to the President to grant pardons and to suspend, remit or commit sentences in certain cases including all cases where the sentence is sentence of death under Article 72.

"Hence, this Constitution amendment is brought in to prevent the accused from filing clemency (mercy) petition to the Hon'ble President of India," the bill states.