Appeal to President Against SC

Plz. mention the details,

and the case must be of India !!

Approach Amnesty Intenational India in New Delhi. It is an organization that fight against death sentence from International level.

 Twist it to suit the convenience of ruling party. What can the President do except to accept the advice of the Council of Ministers? Remember President Kalam signed the proclamation of dissolution of Bihar Assembly at 3 a.m. on a fax received when he was in Moscow?

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.— (1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

  (a) in all cases where the punishment or sentence is by a Court Martial;

  (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

  (c) in all cases where the sentence is a sentence of death.

 (2) Nothing in sub-clause (a)  of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial.

  (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

 Not death penalty case but I remember Purulia arms dropping case where foreign nationals who were convicted and were undergoing imprisonment were pardoned by the President.

the recent and famous case is Rajiv gandhi murder case in which death sentence was commuted to life for nalini.

 i remember one case from Andhra pradesh where as the accused persons have burnt a bus with 20+ passengers and all the courts including apex court sentenced them with capital punishment. At that time, Mahaswetha devi, a writer, from bengal, while receiving an award from then president Narayanan, gave a mercy petition directly to him requesting him commute death sentence of those accused persons. It was accepted and life sentence was awarded. If my memory is good, then one of the accused name is venkatachalapathi.

 President in India is a titular head. In a population of 1.08 billion, thousands of persons like us think that by writing to the President all our ills would be removed and Government would fall into place.

Now come to the practical side. The Rashtrapati Bhawan has an army of staff, the most important being the Secretary to the President. All our communications are opened by a Clerk who passes them on to a junior officer called Desk Officer, who, in turn, forwards them to the concerned Ministry/Department where our communications rot. After that, they never see the light of the day. If we are fortunate, we will receive a small acknowledgement intimating that the complaint has been forwarded to so and so Ministry/Department.

There is a joke. If President wants to commit suicide, he will seek the advice of the Council of Ministers!!!

That ends the story.

 Some other duties.

1. Administer oath of office to CJI  and Ministers.

2. Visit foreign countries.

3. Receive visiting Kings, Queens and Presidents.

4. Give away Arjuna and Padma awards and decorate officers of defence forces with medals.

5. Sign ordinances, bills, imposition of President's Rule, proclamation of emergency, approve appointment of judges of SC/HC.

Many more ceremonies but all approved by Council of Ministers. Ceremonial head.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MERCY PETITION TO THE PRESIDENT OF INDIA KINDLY NOTE THAT.

1.PRESIDENT OF INDIA HAS POWER TO PARDON.ON THE BASIS OF MERCY PETITION FILED BY AND ON BEHALF OF ACCUSED WHO WAS INITIALY CONVICTED BY DISTRICT AND SESSIONS COURT AND FURTHER THE SENTENCE WAS CONFIRMED BY HIGH COURT AND ALSO BY SUPREME COURT.A CAPITAL PUNISHMENT OF HANGING THE ACCUSED CAN BE REDUCED TO LIFE IMPRISONMENT BY THE PRESIDENT OF INDIA.WHO IS THE HEAD OF NATION.

2.KINDLY NOTE THAT THIS IS A VERY LENGTHY LEGAL PROCEDURE AND IN A DEMOCRATIC COUNTRY LIKE INDIA EVERY ONE IS GIVEN EQUAL AND FULL OPPORTUNITY TO PROVE HIS INNOCENCE AS PER PROVISIONS OF CONSTITUTION OF INDIA. NO ONE IS GUILTY TILL HE IS PROVED GUILTY.CONSTITUTION OF INDIA PROVIDES MERCY PETITION AND PARDONING POWERS OF PRESIDENT OF INDIA .WE ALL SHOULD RESPECT CONSTITUTION OF INDIA AND ARTICLES OF CONSTITUTION OF INDIA.

3.KINDLY FURTHER NOTE THAT LAWYERS CLUB INDIA IS DOING A VERY GOOD JOB.AND WE ALL CITIZENS OF INDIA SHOULD REMEMBER OUR RESPONSIBILITIES AND BE SERIOUS IN GIVING OUR OPENIONS ON ANY QUESTIONS ASKED ON THIS FORUM.IT MAY HELP NEEDY PERSONS WHO HAVE LOST ALL HOPES AS THE ACCUSED PERSON  CONVICTED IS IN JAIL AND HIS HELPLESS FAMILY MEMBERS HAVE TO FACE  FINANCIAL AND OTHER HARDSHIPS TO GET JUSTICE AND IT IS NOT THAT EASY TO APPROACH SUPREME COURT AND FILE MERCY PETITION TO PRESIDENT OF INDIA. HEAVY COST IS INVOLVED AND LOT OF DOCUMENTS  ARE TO BE SUBMITED PLEASE NOTE

4.I SINCERELY REQUEST ALL MEMBERS TO KINDLY BE SERIOUS WHILE EXPRESSING YOUR OPENION AS THE MATTER IS VIEWED ALL OVER AND CREATES IMPRESSIONS ABOUT LEGAL SYSTEM AND JUSTICE IN OUR INDIA. AND PROVISIONS OF INDIAN CONSTITUTION AND OTHER LAW PROVISIONS.PLEASE NOTE.

IN CASE ANY FURTHER INFORMATION OR HELP IS REQUIRED KINDLY WRITE OR SEND DETAILS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 Appeal to President? He is a titular head. Utter waste of energy. He has no power even to appoint or dismiss a peon without Cabinet's approval. What are we talking about?

According to the Constitution, President is the supreme commander of the defence forces. That does not mean that he will start a war nor will be don the uniform of the Chief of Army Staff and mobile the forces, go to the front and fight the war.

first president is not an appellate authority , he has power to grant pardons remissions respites and reprieves, the power is exclusively an execuive power . see m nanawaty's case for ur second answer