SHOULD MERCY PETITION FOR TERRORISTS BE ABOLISHED ?

Sanjeev Sirohi, Advocate

Do terrorists deserve mercy? Are terrorists ordinary criminals? Are the human rights of terrorists more important than an ordinary citizen whom they kill indiscriminately? Why do we treat terrorists not as ordinary criminals but as VVIPs? Why does our government succumb to their demands but never succumb to an ordinary criminal? Many such questions keep troubling my mind always. Ordinary criminals like murderers, robbers, rapists or dacoits attack and affect adversely either one or few persons but in case of terrorists, things are quite different because terrorists don't just attack a few individuals; rather they attack and affect our nation adversely as a whole. An enemy soldier during a war attacks our army soldiers but terrorists are worse than them as they rarely attack men in uniform and always enjoy attacking innocent people, not sparing even pilgrims to holy shrines. Do they still deserve mercy?

Those advocating mercy for terrorists dish out various Articles mentioned in our Constitution, IPC, etc. to support their headless chicken arguments that even law favours them. Why do they forget that when our Constitution or IPC was prepared, there was no terrorism whatsoever in our country. It is only in the last three decades that terrorism started rearing its ugly face in India with full help from foreign countries who want to destroy us completely. Should we overlook terrorist attacks on our Parliament - the temple of democracy? And still show them mercy! Are they worthy of even being considered for mercy? If Constitution can be amended nearly hundred times then why not in this case when the real existence of the world's largest democracy is at stake?

Under Article 72 of the Constitution, the President is empowered to commute the punishment of death to life imprisonment and he is free to act on his own and Parliament and Judiciary cannot force him to act. There are 28 pending cases of mercy petition before the President and most of them are poor.

Mercy Petitions Before the President :

(a) 1965-74 - 491 unaccepted out of 543.

(b) 1975-84 - 121 petitions unaccepted and 52 changed into punishment.

(c) 1985-84 - 41 petitions unaccepted and 4 changed into punishment.

(d) 1995-2006 - 7 petitions unaccepted and 2 changed into punishment.

Former President Shankar Dayal Sharma disposed of maximum pending cases, KR Narayanan did not dispose of a single case from July 1997 to July 2002 while APJ Abdul Kalam disposed of only 2 cases.

Terrorists always pose the biggest threat to the safety of not only the people, our national assets but also to the very existence of our nation. Most unfortunately, our government has failed to appreciate this naked reality and amend our Constitution to abolish mercy petitions for terrorists or incorporate other suitable safeguards in our law to give a clear sign that terrorists or their sympathisers will not be tolerated under any circumstances. Can anyone deny the fact that in the last 15 years (1994 - 2009) 28,192 people have been killed in various terror attacks? Can anyone deny that the mercy petitions of the three guilty in Rajiv Gandhi murder case have been pending since more than a decade and yet it is pending?

Naxalism is another form of terrorism which our nation is badly afflicted with for decades, but it is pathetic to learn that some Judges do not consider naxalites as terrorists but misguided youths who due to lack of development go astray. I totally reject such ludicrous contention because recent events like beheading an armless policeman or tying hands and legs of women and children and killing them most brutally or blowing off railway tracks, stations and other places which severely hampers development and the latest most dangerous incident of hijacking an entire train - Rajdhani Express and beheading the abducted Inspector Francis Induwar, are instances of the manifestation of diabolic and cruelest psyche and not only that of deviated youths. But despite all this, these terrorists are not dealt with stringently and severely. Moreover, the ridiculous fact is that once they are caught and convicted by the court, they file a petition for mercy before the President, which keeps on pending for years. A sincere and serious introspection on this issue is the need of the hour.

Distinguishing a terrorist attack from a criminal activity the Supreme Court in Mohd Khalid v. State of West Bengal , 2002 (7) SCC 334 held, “It may be possible to describe it as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole. There may be death, injury, or destruction of property or even deprivation of individual liberty in the process but the extent and reach of the intended terrorist activity travels beyond the effect of an ordinary crime capable of being punished under the ordinary penal law of the land and its main objective is to overawe the Government or disturb the harmony of the society or “terrorise” people and the society and not only those directly assaulted, with a view to disturb the tempo, peace and tranquility of the society and create a sense of fear and insecurity.”

The welfare of the people is the supreme law and to overlook the safety of our people and still continue with mercy petitions for terrorists is against the public policy. A concerted effort by our politicians, irrespective of their vested interests, is called for to eradicate the epidemic of terrorism and to get rid of these bloody terrorists.