Exorbitant delay in disposal of mercy petition renders the process of execution of death sentence arbitrary, whimsical and capricious

Exorbitant delay in disposal of mercy petition renders the process of

execution of death sentence arbitrary, whimsical and capricious and,

therefore, inexecutable. Furthermore, such imprisonment, occasioned by

inordinate delay in disposal of mercy petitions, is beyond the sentence

accorded by the court and to that extent is extra-legal and excessive.

Therefore, the apex constitutional authorities must exercise the power

under Article 72/161 within the bounds of constitutional discipline and

should dispose of the mercy petitions filed before them in an expeditious

manner.

This Court has consistently held that prolonged delay in execution of death

sentence, by itself, gives rise to mental  suffering and agony which renders

the subsequent execution of death sentence inhuman and barbaric