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Business News/ Politics / Policy/  Nithari killer’s among 6 mercy pleas rejected by Centre
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Nithari killer’s among 6 mercy pleas rejected by Centre

The others are sisters Seema Mohan Gavit and Renukabai; Rajendra Prahaladrao Wasnik; Holiram Bordoloi; and Jagdish

A file photo of Surinder Kohli. Photo: HTPremium
A file photo of Surinder Kohli. Photo: HT

New Delhi: The home ministry has rejected mercy petitions of six people on the death row, including that of serial killer Surinder Kohli, a government official said on Wednesday requesting anonymity.

Kohli was convicted of killing more than 19 girls in Nithari village in Noida, Uttar Pradesh.

The others are sisters Seema Mohan Gavit and Renukabai; Rajendra Prahaladrao Wasnik; Holiram Bordoloi; and Jagdish.

The two sisters from Madhya Pradesh were sentenced to death for kidnapping and murdering several children.

Rajendra Prahaladrao Wasnik of Maharashtra was given the death sentence for raping and murdering a minor girl; Jagdish from Madhya Pradesh for murdering his wife and five children; and Holiram Bordoloi of Assam for the murder of three people.

The home ministry sends its recommendations on mercy petitions to the President, who is bound by the government’s view.

However, there is no time limit prescribed by the Constitution for the President to give his decision.

After the President gives his decision, petitioners can approach the Supreme Court for a review of their plea.

The official cited above said that while Kohli’s case was from 2006, the other cases were much older and so there was a fair chance that the apex court could commute them to life imprisonment citing an unreasonable delay in deciding upon the matter.

In January, the Supreme Court ruled that disposing of mercy petitions is the President’s obligation and not a prerogative. It also said that the President’s decision would be subject to a judicial review.

“Considering the high status of office, the Constitutional framers did not stipulate any outer time limit for disposing the mercy petitions..., which means it should be decided within reasonable time. However, when the delay caused in disposing the mercy petitions is seen to be unreasonable, unexplained and exorbitant, it is the duty of this Court to step in and consider this aspect," the Court said.

“Right to seek for mercy under Article 72/161 of the Constitution is a Constitutional right and not at the discretion or whims of the executive. Every Constitutional duty must be fulfilled with due care and diligence; otherwise judicial interference is the command of the Constitution for upholding its values," the judgement added.

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Published: 18 Jun 2014, 07:19 PM IST
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