Gauhati High Court Stays Execution of Death Sentence in Assam, Cites Unexplained Delay in Mercy Petition Disposal

Strategic Insights -

The Gauhati High Court has issued a stay order on the execution of the death sentence of Mahendra Nath Das, a man convicted of murder, citing an unexplained 12-year delay in the disposal of his mercy petition. The court has directed the Union and state governments to explain the reason behind the delay, which has been termed as "inordinate" by Das's mother, Kusumbala Das. The stay order was issued on the basis of a habeas corpus petition filed by Kusumbala, who has stated that her son underwent immense mental and physical agony due to the prolonged delay in disposing of his mercy petition.

Key Takeaways:

  • The Gauhati High Court has stayed the execution of the death sentence of Mahendra Nath Das, citing an unexplained 12-year delay in disposing of his mercy petition.
  • The court has directed the Ministry of Home Affairs, the state home department, Inspector-General (Prisons), Assam, and the Superintendent of the Jorhat Central Jail to file affidavits by June 17, explaining the reason behind the delay.
  • Kusumbala Das, Mahendra's mother, has filed a habeas corpus petition, stating that her son underwent enormous mental and physical agony due to the prolonged delay in disposing of his mercy petition.
  • The stay order has put on hold the execution of the death sentence, which was scheduled to be carried out by a hangman.
  • The court's decision has drawn attention to the issue of delayed disposal of mercy petitions, which has led to a "double jeopardy" for the accused.
  • The case highlights the need for the authorities to expedite the disposal of mercy petitions to prevent unnecessary suffering of the accused.

Statistics:

  • 12 years: The unexplained time taken by the authorities to dispose of Mahendra Nath Das's mercy petition.
  • 1: The number of habeas corpus petition filed by Kusumbala Das in the Gauhati High Court to stay the execution of her son's death sentence.
  • 1: The number of division bench of the Gauhati High Court that took up the petition and issued the stay order.
  • June 17: The deadline set by the court for the Union and state governments to file affidavits, explaining the reason behind the delay in disposing of Mahendra's mercy petition.

Sources:

  • The Indian Express Online Media Ltd.
  • Contify.com