Mercy plea with Prez, but Afzal’s fate sealed

President Pratibha Patil hasn’t put her signature on Afzal Guru’s mercy plea yet. But a decade after the December 13, 2001 attack on Parliament, the fate of the man convicted of the conspiracy is already sealed.

President Pratibha Patil hasn’t put her signature on Afzal Guru’s mercy plea yet. But a decade after the December 13, 2001 attack on Parliament, the fate of the man convicted of the conspiracy is already sealed.

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In a confidential recommendation to Patil on July 27, home minister P Chidambaram asked her to reject the plea. This leaves little room for manoeuvre.

If the President had any doubts, former home secretary GK Pillai cleared these in 2010, when he discussed pending pleas at Rashtrapati Bhawan with Patil’s secretary Christy L Fernandez. He also sent a note to Fernandez that was recently released under RTI.

The February 1, 2010 note comprises excerpts from two Supreme Court judgments, emphasising that the power of the President to grant mercy — under article 72 of the Constitution — is to be exercised on the advice of the Centre. “It is not open either to the President or governor to take independent decision or direct release or refuse release of any one of their own choice,” it says, quoting a 1980 judgment.