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Petition gives at least 21-day breather to convict
With President A P J Abdul Kalam now considering a mercy petition from rape and murder convict Dhananjoy Chatterjee, he has received a fresh lease of life.
With President A P J Abdul Kalam now considering a mercy petition from rape and murder convict Dhananjoy Chatterjee, the condemned man has received a fresh lease of life since as per law, the West Bengal will not be able to execute Kalam's decision before 21 days.
"After we formally know of the President's decision, there has to be a period of not less than 21 days before we can execute the decision ... The decision is binding on the state government," Home Secretary Amit Kiran Deb said in Kolkata.
Deb replied in the negative when asked whether the state government had as yet heard from Rashtrapati Bhavan. "We do not yet know. It may take some time for him before he takes a decision."
Earlier in the day, the Supreme Court refused to entertain Chatterjee's petition challenging an order of the West Bengal Governor rejecting his mercy petition.
"In view of the fact that the President of India is seized of the matter under Article 72 of Constitution, we close the matter at this stage," a vacation bench of Justice K G Balakrishnan and Justice P V Reddi, said.
Chatterjee, who was sentenced to death for rape and murder of a school girl in Kolkata in 1990, was scheduled to be hanged in the early hours of today, but had a last-minute repreive after his wife and mother moved a mercy petition with the President.
The Rashtrapati Bhavan accordingly instructed the West Bengal government to stay the execution till the President took a decision.
In reply to a question, Deb said that police have been asked to keep a watch on Chatterjee's village Chhatna in Bankura district to prevent any untoward incident.
Dhananjoy case: President awaits Home Ministry's report
President A P J Abdul Kalam will take a decision on the mercy plea of Dhananjoy Chatterjee, who has been sentenced to death for the rape and murder of a school girl in Kolkata in 1990, after receiving the Home Ministry report on it.
The President is awaiting comments from the Home Ministry before taking a view on the mercy petition, official sources said.
As done in this case, the President's Secretariat sends such petitions to the Home Ministry for its report.
The Supreme Court had on Friday declined to entertain Chatterjee's plea against the West Bengal Governor's order rejecting his mercy petition on the ground that the President "is seized of the matter under Article 72 of Constitution".
