New Delhi, Aug. 29: Union home minister Sushil Kumar Shinde has promised that if Ajmal Kasab were to appeal for mercy, the petition will be disposed of “in minimum time”.

If, however, Kasab chooses to fight the death penalty in court, a decision could take time because it will be subject to the “rule of law”.

Kasab can file a review petition in the Supreme Court, which will go to the same bench. He can also appeal to the Maharashtra governor if the petition is dismissed and, finally, ask the President for mercy.

The last person to be hanged in India was Dhananjoy Chatterjee, a security guard who had raped and murdered a teenage girl in Calcutta in September 2004.

Under Pratibha Patil, the home ministry, which is the nodal ministry for processing mercy petitions, recommended pardon to 35 convicts. The pressure to hang Kasab will be felt by President Pranab Mukherjee.

At present, there are 12 mercy petitions pending with the Centre of which 11 were with the President’s secretariat as of July 23, 2012. One case, that of Balwant Singh Rajaona who was convicted in Beant Singh’s assassination, is pending with the ministry. Rajaona’s hanging was called off following protests in Punjab in March this year.

“The latest RTI response reveals that 26 files of mercy petitions were recalled from Rashtrapati Bhavan, out of which in most cases the death sentence was reviewed by the home ministry to be converted into life sentence,” RTI activist Subhash Agarwal said.

In a reply to queries, the ministry has said that there is no time limit prescribed under the Constitution for the President to dispose of a petition.

On June 25, Patil’s office in a press statement argued that Article 72 does not confer on the President the power to grant clemency and that the President is mandated to act with the “aid and advice” of the government. The power of pardon is part of the constitutional scheme and not a private act of grace by the President, it said.

Kasab in dark

Even as Delhi was already planning how to deal with a possible mercy petition, crackers were being burst on Mumbai’s streets to celebrate the death sentence.

But Kasab himself was in the dark at Arthur Road jail, where he has been locked for over 1,250 days.

A.C. Rane, the jail superintendent, said: “We can only inform him of the verdict as per procedure when a copy of the order is sent to the prison here. We will have to then get his signature that he has received the copy for any further step he intends to take.” Rane added that Kasab was a “segregated” prisoner with no access to newspapers or visitors.

Ramzan Sharif, who lost his grandfather in the terror attack and was himself injured by Kasab’s bullets at CST station, said: “My family and I are happy the Supreme Court has confirmed the death sentence. It has dragged on for so long. I hope he is hanged before we lose hope of ever seeing him being taken to the gallows.”

Ramzan had gone to CST station to see off his grandfather when Kasab and Abu Ismail fired indiscriminately in the waiting hall.

Smita Salaskar, widow of police officer Vijay Salaskar who was shot by Kasab, said: “We are satisfied with the verdict, but the evidence against him (Kasab) was so strong that the verdict was no surprise. What is a problem is its execution about which I am still apprehensive….”