Dhananjoy's hanging stayed by President

The execution of the rape and murder convict Dhananjoy Chatterjee, scheduled for Friday, has been stayed for the time-being following a mercy petition moved before President A P J Abdul Kalam by his wife and mother.

The execution of the rape and murder convict Dhananjoy Chatterjee, scheduled for Friday, has been stayed for the time-being following a mercy petition moved before President A P J Abdul Kalam by his wife and mother.

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West Bengal's Advocate-General Balai Roy told reporters on Thursday that a communique had been received by the state government during the day from Rashtrapati Bhavan asking to stay the execution of Chatterjee "until the President finally decides this application."

The petition to the President was made by the convict's mother Belarani Chatterjee and wife Purnima.

Consequently, steps have been taken to convey the communique to the district session court, Alipore, which issued the execution warrant of Chatterjee, the A-G said.

State Home Secretary A K Deb said the Union Home ministry has also sent a communication asking the hanging to be postponed until further instruction.

The convict's advocate said Chatterjee's wife and mother had moved the mercy petition before the President through a letter sent by Speed Post on June 17 praying for clemency.

All arrangements were ready for carrying out the hanging of Chatterjee at the high security Alipur Central Jail in the early hours of Friday.

Chatterjee, convicted of rape and murder of a 14 year-old old girl in 1990, was sentenced to death by a sessions court next year which was later upheld by the Calcutta High Court and Supreme Court. The President and Governor Viren J Shah rejected his mercy plea earlier this month.

"The reason cited for seeking mercy of the President was the substantial change in circumstances due to delay in execution from 1994 to 2004," the advocate said.

In January 1994 the Supreme Court had upheld the sentence to execute Chatterjee.

Chatterjee's wife also mentioned in her petition that her husband was repentant for the crime and that she was begging for his life, he added.

The A-G said that communique from Rashtrapati Bhavan mentioned that the President was "considering this application for clemency."

He said that the state had been asked to stay the execution of the condemned prisoner "until the President finally decides this application."

The state home secretary, however, said the convict's wife and mother also appealed to the President for commuting his death sentences by hanging and converting it to life imprisonment.

He said as per a communication from Home Ministry, the President had sought opinion of the Government of India and referred the matter to the Union Home Ministry.

Deb said the Home Department had sent a communication to the West Bengal government stating that Chatterjee's hanging for Friday be postponed till further instruction.

Deb said "the Union Home department is scrutinising the petition for converting his death sentence by hanging to life imprisonment. Till further order, tomorrow's execution will be postponed".

On the basis of this order, he said, the state Government asked for postponement of tomorrow's scheduled execution of Dhananjoy Chatterjee and is awaiting further instruction.

Asked if the state had sought any clarification from the union home ministry, he said "we have received their instruction and are acting accordingly".

"The state Government has nothing to do with this matter", the home secretary said.

Deb said he had held a discussion with Chief Minister Buddhadev Bhattacharjee in this regard.

Meanwhile, an application has also been moved before the Supreme Court against the capital punishment to Chatterjee.