Defending a Murderer and Mercy petition:
N.K.Assumi
(Querist) 22 October 2008
This query is : Resolved
A lawyer was approached by accused to defend him in a murder case. the lawyer tried his best but the man was convicted and imprisoned for life.After conviction the lawyer file mercy petition to the Governor.Before the mercy petition reaches the Governor, the lawyer was appointed as the Governor of the State. How will he deal with the mercy petition as the Governor of the State. Refused his own petition?
ARVIND JAIN
(Expert) 22 October 2008
I THINK IT IS NOT A MERCY PETITION OF THE LAWYER BUT OF HIS CLIENT.AS GOVERNOR HE CAN DECIDE. NO BAR.AS THE JUDGES ARE DECIDING ON ADMN. SIDE THEIR OWN MATTERS.
sanjay kumar patibandla
(Expert) 22 October 2008
It is a typical problem for him. But our Indian society is different. Any man has to discharge his duties with in his specified boundaries of his work. First he should forget that he only applied that petition on behalf of his client.
otherwise he has to transfer it.
kumar sachin
(Expert) 22 October 2008
he should act as the governor of the state and perform his duties as per the requirements of the office of the governor in the interest of state n to protect our constitution and should forget about his previous status of a lawyer of his client,
K.C.Suresh
(Expert) 23 October 2008
Depends on the morale fibure of the person. there is no irregularity or unfairness in dealing the same as there is no other athority to do so. Further in such cases he can call for the reports of the concerned and proceed further to make it more fair.
Manish Singh
(Expert) 23 October 2008
definitely he has to proceed with the mercy petition on its merit.
even the apx court has ruled that mercy powers given to the governers and the president can not arbitarily used and executed. such powers need to be in the bounadries of legal parlance and common reasoning and keeping in mind other duties and responsibilities etc.
so the governer in this case is bound to decide the petition on his own.
