Refusing to issue an appeal to the President of India, the Supreme Court on Friday dismissed a PIL which sought the direction to the government to fix a timeframe for the disposal of the mercy petitions of condemned prisoners awaiting gallows including Parliament attack prime accused Mohd Afzal.

A bench headed by Chief Justice K G Balakrishnan said, “We can not give such direction”.

“The President is at liberty to take a decision on the matter,” said the bench while dismissing the petition.

The petitioner had urged the court to issue suitable guidelines to dispose of the mercy petitions in consonance with the spirit of Article 21 of the Constitution as speedy justice is a fundamental right of a citizen.

The inordinate delay in deciding the fate of the mercy petitions filed by 22 condemned prisoners awaiting gallows by the President varies from one year to 9 years. Those who await death include Parliament attack prime accused Jaish-e-mohammad militant Mohd. Afzal and others in various jails all over the country.

“Speedy trial is part of one's fundamental right to life and liberty. This principle is no less important for disposal of mercy petition. It has been universally recognized that a condemned prisoner has to suffer a degree of mental torture,” said the petition.

“The ignoring attitude of the President of India towards the cause of the condemned prisoners is undesirable,” added the petition.