President will decide on Afzal Guru’s mercy petition: Govt

December 13, 2011 06:15 pm | Updated August 02, 2016 10:47 pm IST - New Delhi

In this file photograph dated 16 December 2002, Delhi Police escort Mohammed Afzal Guru (C) to court in New Delhi, 16 December 2002.  Indian lawmakers, 13 December 2006, were set to commemorate the fifth anniversary of a deadly attack on parliament as some citizens called for a retrial for Kashmiri Muslim, Mohammed Afzal Guru sentenced to death for his role in the plot.  The raid on parliament left 15 people dead, including the five attackers, and brought nuclear-armed India and Pakistan to the brink of war.  AFP PHOTO/Prakash SINGH/FILES

In this file photograph dated 16 December 2002, Delhi Police escort Mohammed Afzal Guru (C) to court in New Delhi, 16 December 2002. Indian lawmakers, 13 December 2006, were set to commemorate the fifth anniversary of a deadly attack on parliament as some citizens called for a retrial for Kashmiri Muslim, Mohammed Afzal Guru sentenced to death for his role in the plot. The raid on parliament left 15 people dead, including the five attackers, and brought nuclear-armed India and Pakistan to the brink of war. AFP PHOTO/Prakash SINGH/FILES

On the occasion of tenth anniversary of Parliament attack, the government on Tuesday said the mercy petition of Afzal Guru, who was sentenced to death for the terror strike, is with the President and it is the Rashtrapati Bhavan which has to take a call on it.

“The matter is with the President and it is for the President to decide,” Union Home Secretary R.K. Singh told reporters here.

The Home Ministry had submitted the Afzal Guru’s case to the President’s Secretariat for a decision on July 27, 2011 with the recommendation that the clemency petition should be rejected.

Guru was convicted of conspiracy in the December 2001 Parliament attack and the order to sentence him to death was upheld by the Supreme Court in 2004. The sentence was scheduled to be carried out on October 20, 2006.

However, Guru’s execution was stayed following a mercy petition filed by his wife. He remains on death row since then.

Earlier, the Delhi government too in its recommendation to the Home Ministry had favoured execution of Guru, an issue which has been hanging fire for years and has been a subject matter of intense political controversy.

The Constitution does not give any time limit for the President to decide any clemency petition.

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