Mahendra Nath Das

Guwahati, Sept. 14: Mahendra Nath Das, a murder convict who is on death row for 14 years, today got a temporary reprieve from Gauhati High Court which stayed the execution of his death sentence till November 1.

A division bench, comprising Chief Justice Madan Bhimarao Lokur and Justice Ketulhou Meruno, observed that there had been a delay in the disposal of the petition filed by the convict seeking the President’s pardon.

The court issued notices to the Centre and the state government, seeking explanation for the delay in the disposal of Das’s clemency petition and directed them to furnish their replies before November 1.

The division bench stayed the execution of Das’s death sentence till November 1, when the case will come up for hearing again.

Advocate Arup Borbora, who appeared for the convict, contended that there was inordinate and inexplicable delay in disposing of Das’s mercy plea. The writ petition (criminal) number 35/2011 was filed by Das himself through his lawyer.

The interim order has also brought temporary relief for Das’s family members and a section of human rights activists who have launched a campaign to save his life.

On September 8, the high court had dismissed a writ petition filed by the convict’s mother, Kusumbala Tarun Das, for commuting her son’s death sentence to life imprisonment.

A division bench of Justice Iqbal Ahmed Ansari and Justice Hareswar Barua had rejected the petition on the ground that Das’s mother has no locus standi to file it on behalf of her son.

“Since the court ruled that his mother did not have the locus standi to file the petition, a fresh petition was filed by the convict himself seeking commuting of his death sentence,” Borbora said. Das had filed the petition on Monday.

Das had killed and then beheaded Hara Kanta Das at Fancy Bazar on April 24, 1996 and surrendered before the police with the victim’s head.

He was arrested in 1997 and put in Guwahati Central Jail, where he was lodged till he was transferred to Jorhat Central Jail on May 27 this year after President Pratibha Patil rejected his mercy petition.

The district and sessions court, Kamrup, convicted Das and sentenced him to death in case 114 (K)/96 under Section 302 IPC in 1997.

The order was confirmed by Gauhati High Court in February 1998 and upheld by the Supreme Court in May 1999.

Das filed a mercy petition to the President in June 1999, which was rejected only in May 2011.

On June 7 this year, the high court stayed his hanging after his mother filed the writ petition. The stay order was vacated on September 8 when the court dismissed the writ petition.

According to Das’s family, he deserves mercy as the delay in deciding his petition by the President was mental torture for him as he alternated between hope and despair for so long.

A section of human rights activists also feel that the disastrous consequences of such suffering on the mental, emotional and physical health of not only the convict but also his family should not be allowed in any civilised society.