MAHENDRA NATH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition seeks quashing of order rejecting the mercy petition of the petitioner by the President of India, conveyed vide letter dated 27.5.2011 by the Joint Secretary to the Government of Assam, Home Department (Annexure - I) and also prays for commuting the death sentence to the life imprisonment. Facts:

(2.) ON 24.12.1990 at 12 Noon, the petiti-oner, who was an expelled member of Assam Motor Workers Union, stabbed Rajen Das, the Secretary of the said Union. When Rajen Das tried to escape, the accused followed him and inflicted more stabs. Rajen Das died on account of injuries received. The Trial Court, vide judgment dated 11.11.1997, convicted the petitioner under Section 302 IPC and sentenced him to undergo imprisonment for life. During pendency of the said trial, the petitioner who had been granted bail, jumped bail and on 24.4.1996 at 7.00 AM, killed Hare Kanta Das by severing his head from the neck by a sword for which he was tried and convicted by the Trial Court vide judgment dated 18.8.1997 under Section 302 IPC and sentenced to death. The sentence awarded by the Trial Court was affirmed by this Court vide judgment dated 3.2.1998 and by the Hon'ble Supreme Court vide judgment dated May 14,1999 in Crl. A. 700/98, (1999) 5 SCC 102, inter alia, with the following observations:

(3.) ACCORDING to the petitioner, "he has gone through a living hell not knowing whether he would live or die, and whether he would live to see another day or draw another breath, or whether that day and that breath would be his last. The petitioner says that he has been swinging between life and death for these past 15 years in solitary confinement. The petitioner says that he has suffered enough, and that it would not be in the interest of justice to compound this suffering by executing him. The petitioner states that the interests of justice would be served by converting the sentence of death to one of life imprisonment. The petitioner states that cases where the delay has been less than half of what it is in the present case have been held by the Supreme Court to be unconscionable and excessive". It has also been stated that frustrated by the delay in decision of his mercy petition, the petitioner went on hunger strike. After rejection of his mercy petition there was news report that no hangman could be found and the person later identified had no experience. The petitioner had been continuously in custody since 20.04.1996 and has been under sentence for more that 14 years. He has been kept in separate confinement and deprived of human companionship with the threat of imminent death hanging over his head and thus, suffered mental agony and torture. He was swinging between life and death not knowing whether he will be spared or not, and when the hang-man's noose will close around his neck. Every person passing his prison cell is imagined to be the harbinger of news regarding the outcome of the mercy petition, or the date of his execution. Such torment is a punishment far worse than death. Further averments in the petition are as follows:-