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Presidential pardons could take anything from three to 20 years

  • NEW DELHI: A presidential pardon can be a fraught proposition with the waiting time for death row convicts ranging from three years to 20 years.

    Gurmeet Singh from Pipariya village in Uttar Pradesh has been on death row for the last 20 years after being convicted for the murder of 13 family members. Twenty-six years since that dark night when he committed the crime, Gurmeet continues to wait for a decision on his mercy petition that is still pending before the President.

    In sharp contrast is Ram Chandra alias Raoji's case. He was sentenced to death and hanged within three years of brutally murdering his pregnant wife and four others including three children. His petition was rejected by the President within 45 days.

    The President has the power to grant clemency under Article 72 of the Constitution. This power is, however, not subject to any time-frame as can be seen by these two extreme cases.

    In August 1986, Gurmeet Singh attacked members of his own family. He killed 13 people, including eight children, with swords.

    The Supreme Court put Gurmeet on death row in 2005, saying he deserved no leniency as he had not shown even a "grain of mercy" himself. Gurmeet filed a mercy petition in 2007, which the ministry of home affairs recommended the President reject. On December 9, 2009, the ministry — which had been asked by the President to review pending cases -- once again rejected the petition. Gurmeet's case continues to be before the President, according to data accessed through an RTI plea filed by activist Subhash Agrawal.

    But if Gurmeet's family lives between hope and despair, Ram Chandra was not so fortunate. Nokhla village in Rajasthan gained notoriety after he murdered his pregnant wife, three children and an old man, and tried to kill two others. The incident took place on May 6, 1993 and Ram Chandra was awarded the death penalty by a sessions court within a year. His appeal went to the high court which dismissed the appeal in March 1995. The verdict was upheld by the Supreme Court in December 1995.

    His's mercy petition was submitted to the Rajasthan governor in January 1996 which was rejected and sent to the President in February 1996. Within a matter of 45 days, then president Shankar Dayal Sharma rejected the mercy petition and he was hung to death.

    There have also been instances when prisoners have died waiting for the presidential pardon. For instance, Karnataka resident Bandu Baburao Tikde's death penalty was commuted in June this year, five years after he died in custody.

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