The Centre has told the Supreme Court that no time frame could be fixed to dispose a mercy petition of a death convict and no courts could prescribe a time limit for it.
In its affidavit, filed in response to Davinder Pal Singh Bhullar's petition, the Ministry of Home Affairs has further stated that the powers conferred to the President under the Constitution were special powers and override all the other laws, rules and regulations. And, therefore, nobody could interfere with it.
"The powers of the President are discretionary which cannot be taken away by any statutory provision and cannot be altered, modified or interfered with in any manner whatsoever by any statutory provision or authority," the affidavit said.
The MHA's affidavit was filed in response to the SC directive asking the Centre to explain the delay of over eight years taken to decide on Bhullar's mercy plea. An SC bench had on September 28 directed the Centre to file an affidavit on the reasons behind the delay.