PRADEEP YASHWANT KOKADE Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer in these two petitions by convicts is to quash death warrants scheduled to be executed on 24/6/2019 and to commute their respective death sentences. Prayers are on account of alleged avoidable delay in deciding mercy petitions by Hon'ble Governor and thereafter by Hon'ble President. It is further urged that that even after rejection of mercy petitions by the Hon'ble President on 26/5/2017, no steps towards execution were taken for about two years. Apart from this effort is also to judicially review the process by both the constitutional authorities. Lastly, it is submitted that an opportunity of hearing should have been extended even while fixing date of execution.

(2.) He pointed out that delay by itself in such matters require commutation. Our attention is invited to the fact that after their conviction in 2015, prisoners have been in-solitary confinement.

(3.) It appears that convicts have obtained order on 12/6/2019 from the Central Information Commission against Ministry of Home Affairs of Union of India which expects said Ministry to supply/file notes and correspondence pertaining to their mercy petitions which is not part of Ministerial advice to the Hon'ble President. The Commission has also permitted Ministry to take necessary steps to protect identity of officials in the matter.