MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri L. C. Goyal, counsel for the petitioner, with the art of brinkmanship, has come up at the last moment as he has done on former occasions, to pray for stay of execution of his client's death sentence. Men cling to precious life and try out all strategies to save it and perhaps that counts for this motion before us.

(2.) The prisoner was sentenced to death as long ago as 1969 and the conviction and sentence have been confirmed right up to highest Court years ago. Indeed, he has moved mercy petitions and consequential writ petitions more than once and has managed to avoid the executioner till now. On the last occasion the same Advocate pleaded that his client's mercy petition was not being forwarded by the Superintendent of the Jail and prayed that he may be directed by this Court to forward it to the President. This Court did so and suspendedthe hanging for a time as a last chance.

(3.) It now transpires that an application for clemency by way of communication has been made by the Prisoner and that it has been forwarded and is under consideration of the President of India. This Court has no jurisdiction to deal with the petition which is in the seisin of the President of India and has not power therefore to pass any order, interim or other. Counsel has to move, it at all, the competent authority, viz., the President for avoiding the lethal noose for the nonce. The larger power always implies incidental or ancillary powers.