Date:16/10/2006 URL: http://www.thehindu.com/2006/10/16/stories/2006101601391002.htm

Opinion - Letters to the Editor

Clemency issue

This refers to the Supreme Court ruling that the executive exercise of clemency is subject to judicial scrutiny. The rule of law is upheld once the accused is tried and sentenced by the highest court. The role of the judiciary ends there and should end there. The executive power to grant pardon, reprieve and remission is meant to adopt a humane approach to the sentence. It cannot be subject to judicial scrutiny. If it were to be, the framers of the Constitution would have given the power of pardon to the judiciary itself and not to the executive.

K.S.K. Prasad, BR> Hyderabad

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It is not wise to vest absolute powers in an individual. We are aware of the considerations that go into the appointment of the President and Governors and the constraints under which they function. They are figureheads who sign on the dotted line. Given our present breed of politicians, many of whom have criminal cases pending against them, vesting unfettered powers in any one person will be dangerous for democracy. It is no exaggeration to say that today democracy survives in our country only because of the judiciary and some sections of the media.

Parasuram Sharma, BR> Chennai

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Clemency to Mohammad Afzal Guru, sentenced to death in the Parliament attack case, has become a hot topic of discussion. If he is executed, he will become a martyr for at least some particularly in Kashmir. When there are so many misguided elements — trained in Pakistani camps — ready to end their lives, the elimination of one convicted terrorist will hardly make a difference to terrorism. Instead, Afzal should be made to admit that his actions were wrong. This can be a precondition before considering clemency for him.

D.V. Rama Krishna, BR> Visakhapatnam