What is the view of President Pratibha Patil on mercy petitions?
Like her predecessor, President Patil is not keen on clearing any pending case. She is said to be of the view that since most of the pending mercy petitions were left by her predecessor, she cant be pushed to clear the pile. However, it is not known whether she supports or opposes the death penalty. Can the President disregard the recommendations of the MHA in mercy petition cases? No. Under the settled law, including judgments of the Supreme Court, the President is bound by the advice of the Union council of ministers while deciding mercy petitions. In a legal opinion, the previous Attorney General said that the recommendation of the MHA can be accepted as the view of the entire council of ministers on the subject because under the Transaction of Business Rules of the Government of India, the MHA is the Ministry charged with making recommendations with regard to mercy petitions by those on death row. In one case, then President Kalam returned the file of a convict, saying he didnt agr