The Supreme Court, while affirming the commutation of death sentences for two convicts, highlighted multiple instances of administrative and judicial delays in processing mercy petitions and issuing death warrants, which ultimately resulted in the reduction of their sentence.
The Court upheld the 2019 judgment of the Bombay High Court, which commuted the death sentences of Purshottam Borate and Pradeep Kokade to life imprisonment with a fixed term of 35 years for the gang rape and murder of a 22-year-old Pune BPO employee in 2007.
A bench comprising Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih noted a delay of over three years caused by both the state and central authorities in processing mercy petitions, as well as by the Sessions Court in issuing execution warrants. The Court underlined that such systemic delays undermine the victims’ right to justice.
“We must also acknowledge the victims’ right to justice, which includes ensuring prompt and proper investigation. However, it must be clarified that victims do not have the right to demand the imposition of capital punishment. The law must be implemented with vigor, and the Executive Branch of the State cannot exhibit laxity in carrying out the sentences passed by competent courts. The very purpose of sentencing must not be defeated,” the Court observed.
The Court pointed out that the delays in this case were not due to constitutional authorities like the Governor and President but rather to administrative inaction.
“The period from the filing of mercy petitions before the Governor to the issuance of execution warrants by the Sessions Court in Pune amounts to three years, eleven months, and fourteen days. Even excluding the time taken by constitutional functionaries to decide the mercy petitions, the delay still exceeds three years,” the Court remarked.
The Court stressed that such delays were avoidable and infringed upon the convicts’ rights under Article 21 of the Constitution.
“The Executive must act promptly in dealing with mercy petitions filed by death sentence convicts. In this case, the approach of the Executive, particularly the State Government, was casual and negligent. The Sessions Court also failed to act proactively. When delays in the processing of mercy petitions and issuance of execution warrants are inordinate and unexplained, the convicts’ rights under Article 21 are violated. These rights must be upheld by Constitutional Courts,” the Court stated.
Observations on Delay
The convicts were sentenced to death by the Sessions Court in 2012. This sentence was confirmed by the High Court and upheld by the Supreme Court by 2015. A cumulative delay of nearly four years was recorded at three stages: processing mercy petitions by the Governor and President, and issuing execution warrants by the Sessions Court.
Delay in Processing Mercy Petitions Before the Governor
• Unexplained Five-Month Gap (July 2015 – January 2016): After the mercy petitions were filed on July 10, 2015, the prison authorities forwarded them on July 16, and the Home Department of Maharashtra received all relevant documents by July 20. However, the Home Department took over five months to prepare a three-page note for the Governor, which was completed only on January 25, 2016.
“The Home Department took no action for five months after confirming that the convicts had not filed review petitions. The note prepared for the Governor was only three and a half pages long, with a three-line recommendation in the last paragraph.”
• Unnecessary Correspondence: The Court observed that a significant amount of time was wasted in unnecessary exchanges between the Home Department and prison authorities.
“Much of the correspondence between officers was avoidable. Upon receiving the mercy petitions, the Home Ministry should have immediately gathered all required information. This delay reflects a lack of sensitivity. Ultimately, the Governor rejected the mercy petitions on March 29, 2016, making the five-month delay unjustified.”
Delay in Processing Mercy Petitions Before the President
• On April 28, 2016, the State Home Department informed the Ministry of Home Affairs (MHA) of the Governor’s rejection of the mercy petitions and forwarded all relevant documents. However, there were repeated correspondences between the MHA and the State Home Department regarding details such as the convicts’ criminal history and family economic conditions, even though such information had already been provided.
• The President rejected the mercy petitions on May 26, 2017.
“While the three months taken by the President do not amount to undue delay, the period from April 28, 2016, to February 22, 2017, was entirely unwarranted and could have been avoided.”
Delay in Issuing Execution Warrants by Sessions Court
• Prolonged Inaction (June 2017 – April 2019): After the mercy petitions were rejected, the Superintendent of Yerawada Central Prison informed the Sessions Court, Pune, in June 2017. Despite several letters and requests, the Sessions Court delayed issuing execution warrants until April 10, 2019—a delay of nearly 22 months.
“The State Government should have applied through the Public Prosecutor to the Sessions Court for issuing execution warrants upon rejection of mercy petitions. However, the Sessions Court also failed to act on multiple communications from the prison authorities. This inordinate delay was entirely avoidable.”
Conclusion
The Supreme Court upheld the Bombay High Court’s judgment, emphasizing that delays in handling death sentence cases violate the constitutional rights of convicts under Article 21. It laid down procedural guidelines for both the judiciary and executive to ensure timely processing of mercy petitions and execution of sentences, thereby preventing such delays in the future.
Case Details:
Case No.: Crl.A. No. 2831-2832/2023
Case Title: State of Maharashtra & Ors. v. Pradeep Yashwant Kokade & Anr.
