New Delhi, Mar 14 (UNI) Echoes of the December 13, 2001 terrorist attack on Parliament resounded in the Rajya Sabha today when Members demanded abolition of Presidential pardon for terror-convicts sentenced to death.
Responding to a query from Shiv Sena leader Manohar Joshi on whether the Government proposed amending the Constitution to abolish the President's power to pardon a death sentence in respect of terrorists, Home Minister Shivraj Patil replied in the negative -- observing further that ''for administration of justice in a proper and humane manner, the power of President to pardon should be continued''.
The Home Minister pointed out that the provision for Presidential clemency was enshrined in the Constitution through Articles 72 and 161 -- and it was not for the executive to decide whether it should be done away with.
The power lay with Parliament only -- through a Constitution amending measure, Minister Patil observed. And, meanwhile, global opinion was gaining strength in favour of abolition of the death penalty, he further pointed out.
Mr Joshi also favoured imposing a time-limit on disposal of a petition seeking Presidential clemency -- and was particular in referring to the Presidential pardon sought by a convict of the 'December 13 Parliament Attack'.
He said President APJ Abdul Kalam was yet to give the final word on the clemency-petition filed by Mohammed Afzal Guru -- sentenced to death in the Parliament attack case. ''There should be a time- limit for decision in such significant matters....'' He further demanded that Afzal be hanged forthwith as sentenced.
Minister Patil took pains to explain to Mr Joshi -- as also Ms Sushma Swaraj (BJP) -- that the process -- of the President arriving at a decision in such cases -- took a long time since the petition had to pass through diferent levels having had to be routed through all the parties concerned.
Observing that the Cabinet's recommendation was ''usually accepted'' by the President, the Minister, however, made it clear that the President was free to exercise ''all options'' before himself reaching a decision.
Meanwhile, Minister Patil pointed out, Afzal's plea presently lay with the Delhi Government for its recommendation. ''It is only thereafter that the Centre comes into the picture....'' UNI
Responding to a query from Shiv Sena leader Manohar Joshi on whether the Government proposed amending the Constitution to abolish the President's power to pardon a death sentence in respect of terrorists, Home Minister Shivraj Patil replied in the negative -- observing further that ''for administration of justice in a proper and humane manner, the power of President to pardon should be continued''.
The Home Minister pointed out that the provision for Presidential clemency was enshrined in the Constitution through Articles 72 and 161 -- and it was not for the executive to decide whether it should be done away with.
The power lay with Parliament only -- through a Constitution amending measure, Minister Patil observed. And, meanwhile, global opinion was gaining strength in favour of abolition of the death penalty, he further pointed out.
Mr Joshi also favoured imposing a time-limit on disposal of a petition seeking Presidential clemency -- and was particular in referring to the Presidential pardon sought by a convict of the 'December 13 Parliament Attack'.
He said President APJ Abdul Kalam was yet to give the final word on the clemency-petition filed by Mohammed Afzal Guru -- sentenced to death in the Parliament attack case. ''There should be a time- limit for decision in such significant matters....'' He further demanded that Afzal be hanged forthwith as sentenced.
Minister Patil took pains to explain to Mr Joshi -- as also Ms Sushma Swaraj (BJP) -- that the process -- of the President arriving at a decision in such cases -- took a long time since the petition had to pass through diferent levels having had to be routed through all the parties concerned.
Observing that the Cabinet's recommendation was ''usually accepted'' by the President, the Minister, however, made it clear that the President was free to exercise ''all options'' before himself reaching a decision.
Meanwhile, Minister Patil pointed out, Afzal's plea presently lay with the Delhi Government for its recommendation. ''It is only thereafter that the Centre comes into the picture....'' UNI
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