As per the orders of the President of India, the death sentence given by the Apex Court to a convict was modified into Life Imprisonment up to the age of 60. The convict Om Prakash @Shafiul Islam @Nazrul @Raju Chaudhary @Raju Dass was convicted for triple murder wherein death sentence was affirmed by the Hon'ble Supreme Court, finally on the month of February in the year 2006. Subsequently during the month of May in the year of 2012, Hon'ble President Sri. Pranab Mukherjee commuted his death sentence to life imprisonment to the extent of attainment of the age of 60.
After such a pardon given by the President the convict approached the Uttarakhand High Court filing a petition stating that he committed the offence on 15.11.1994, and during that time he was a Juvenile and thereby, pleaded to be released of the above offences by quashing the petition of the President dated 08.05.2012.
The Court held that such a protection if granted would compel a situation of re-trial to be conducted, this cannot be done especially when the President has given his decision and such a decision is considered to be final.
Also, Section 9(2) of the Juvenile Justice Act was discussed and interpreted, wherein the Court came to a conclusion that determination of whether a convict is Juvenile or not should be discussed as per the merits of the case and before the judgment of the Apex Court is passed. All the remedies have been exhausted in this case and no further remedies can be claimed.
Tags : #Mercypetition #juvenility