:dateline:the president of India Pranab Mukherjee, and the Ministry of Home Affairs (MHA), differ regarding the case of Professor Devinderpal Singh Bhullar and possible commutation of the death sentence to a life imprisonment term, in view of Bullar’s state of mental illness. Mukherjee favors the Delhi Lieutenant-Governor�s recommendation to commute the death penalty, whereas, the MHA is against allowing clemency to Professor Bhullar.
The petition, filed by the Professor’s wife Bibi Navneet Kaur Bhullar last April, is pending decision before the President. Citing pendency, the Government of India (GOI) has been seeking time from Supreme Court of India (SCI), where a curative petition by Navneet Kaur is to be adjudicated.
Appearing for the GOI on Monday, March 1,0 2014, Attorney General G E Vahanvati told the bench led by Chief Justice P Sathasivam, that notwithstanding his best efforts, a final call on the mercy petition could not be taken in the past two weeks due to the matter being discussed as a �policy decision�.
However,� the actual reason behind the delay was the divergence of opinion between the President, and the MHA.
As per sources, Mukherjee, who has rejected 11 mercy petitions so far, feels Professor Bhullar�s mental health condition warranted commutation and that he could not be executed in the present state. He also trusted on Delhi Lieutenant-Governor Najeeb Jung�s opinion, which was based on the recommendation of a medical board that was sent to the MHA in January of 2014. In his opinion, Jung had described Professor Bhullar as a �child without a mind, and in poor health� while favoring commuting his death sentence to life term �on principles of human ethics, and natural justice�.
The MHA, however, opposes any mercy for Professor Bhullar, citing that he has been convicted in a case of terrorism. It also highlights his mercy plea as having already been rejected once by previous President Pratibha Patil in May of 2011, after the case was examined in detail, and hence the matter requires no further consideration.
The MHA has opined on the point of Professor Bhullar�s mental health condition, that his execution would always be subjected to the provisions of the jail manual, which lay down situations as to when a prisoner cannot be executed. However, the MHA feels that commutation by the President will send the wrong signal.
The President�s office and the MHA, have both refused to comment, saying the matter is still under consideration.
The apex court is slated to hear Navneet Kaur�s curative petition on March 27, 2014 and the court has said that the government should take a decision on the mercy petition by then, or leave it to them to decide the matter on legal arguments.
A constitution bench of the apex court recently ruled regarding the curative petition by Professor Bhullar�s wife, that mental illness was also a ground for commutation.
Following a stay of execution which kept Professor Bhullar from hanging on January 31, 2014, the court sought to know from the GOI, and Delhi provincial government, why his death sentence be not commuted because of the delay in deciding the mercy plea, and in view of his mental illness.
The GOI subsequently assured the court that Bhullar will not be executed in his present health condition, and sought to put up the mercy plea before the President.
