Death row convict Bhullar gets death sentence overturned as Supreme Court cites 'inordinate delay' over his mercy plea

Published: 18:29 EDT, 31 March 2014 | Updated: 18:29 EDT, 31 March 2014

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The bench also said Bhullar's medical report clearly showed he was mentally ill

The delay by the Centre or the President in deciding on mercy pleas is continuing to spell relief for hardcore terrorists on death row.

After giving a reprieve to three of Rajiv Gandhi's killers and four Veerappan aides, the Supreme Court on Monday commuted the death sentence of Khalistani terrorist Devender Pal Singh Bhullar, convicted in the 1993 Delhi bomb blast case, to a life term citing the President's inordinate eight-year delay in deciding his mercy plea.

A four-judge bench headed by Chief Justice P. Sathasivam granted life to 48-year-old Bhullar observing that the report of the medical board, constituted to ascertain his medical condition, clearly showed that he was suffering from acute mental illness.

"We deem it fit to commute the death sentence imposed on Devender Pal Singh Bhullar into life imprisonment both on the ground of unexplained/inordinate delay of eight years in disposal of mercy petition and on the ground of insanity," said the bench.

The apex court passed the judgement on a curative petition filed by Bhullar's wife Navneet Kaur, in which she had urged the court to review its verdict that rejected the plea for commuting his sentence in view of its recent judgement that delay in deciding a mercy plea can be grounds for commutation of death penalty.

The apex court bench, in its nine-page verdict, also referred to the judgement passed by a three-judge bench on January 21 in which it had held that inordinate delay by government in deciding on the mercy pleas of death row convicts can be grounds for commuting their sentences.

Bhullar was sentenced to death by a TADA court in August 2001 for a bomb attack in New Delhi in 1993 targeted at youth congress leader M.S. Bitta, which killed nine people. The apex court confirmed it in March 2002.

After his mercy petition was rejected, a mentally-ill Bhullar again approached the Supreme Court citing delay in dealing with his mercy plea.

In April 2013, the SC refused relief stating that delay "cannot be invoked in cases where a person is convicted for an offence under TADA or similar statutes".

After the judgment granting relief to 15 death row convicts citing delay in deciding mercy pleas, Bhullar's wife again moved the SC on January 31 seeking commutation of his death sentence to life imprisonment.