JUDGMENT

SABYASACHI MUKHARJI, J.:— This is a petition under Art. 32 of the Constitution filed by one Madhu Mehta, who is the National Convenor of Hindustani Andolan. This petition seeks a writ of Habeas Corpus or an appropriate direction with regard to one Shri Gyasi Ram, S/o Shri Param aged above 60 years, who, it is claimed, has been waiting decision on his Mercy Petition pending before the President of India for about 8 or 9 years. The said Gyasi Ram was at all relevant time lodged in "Death Cell, Central Jail" Jhansi having been convicted for an offence punishable under S. 302 of Indian Penal Code and sentenced to death by the learned Sessions Judge, Jhansi on October 19, 1978. It appears that Gyasi Ram was convicted and sentenced to death by the learned Sessions Judge, Jhansi on 19th October, 1978 for committing murder. which has been described by the Under Secretary (Judicial), Ministry of Home Affairs, Govt. of India, as the cold blooded murder" of a Government servant, namely, Bhagwan Singh, who was the resident of Mauranipur Tehsil, in District Jhansi Uttar Pradesh. There were arrears of land revenue due from Gyasi Ram and also one Mool Chand. For the purpose of realising the said arrears of land revenue, their property was attached by Amin Bhagwan Singh and the same was put to sale by auction. The auction took place on 26th December, 1976 and after the auction while the said Amin was returning along with his peon Sripat from village Kakwara after delivering the sale certificate to the auction purchaser, they were way laid by Daya Ram son of Mool Chand) and Gyasi Ram, the convicts involved in this case. In the evidence, it was stated that Daya Ram who was armed with pistol fired at the deceased Amin Bhagwan Singh who fell down from his cycle. While Daya Ram held down Amin Bhagwan Singh, Gyasi Ram, the person about whom this petition is concerned, cut Bhagwan Singhs throat with the sword he was carrying and inflicted other injuries also. After this iricident, both Daya Ram and Gyasi Ram, it has been stated, escaped. Gyasi Ram was, however, arrested, tried, convicted and sentenced to death, as mentioned hercinbefore. The death sentence was passed on Gyasi Ram by the learned Sessions Judge on l9th October, 1978. The Allahabad High Court confirmed this death sentence on 28th February, 1979. This Court dismissed his Criminal Appeal No. 362/179 on 17th March,198 1. Mercy petition was filed by the wife of the convict to the President of India on 18th December, 1981. It appears that Mercy Petition has still not been disposed of. Daya Rain had absconded and could not be put on trial along with Gyasi Ram. It appears further that Gyasi Rams Mercy Petitions dated 6th October, 1981 and 26th November, 1981 were rejected by the Governor of Uttar Pradesh on the 26th November, 1981 and were received in the Ministry of Home Affairs on the 5th December, 1981 for the consideration of the President of India. From the affidavit filed on behalf of the Government of India, it appears that after processing the case, matter was put up before the President of India on 21 st April, 1983 for his orders on the Mercy Petitions and that the President after examining the case file, returned the file on 30th July, 1983 for further consideration, While the Ministry of Home Affairs was processing the case of Gyasi Ram further, the intimation was received from this Court on l3th November, 1984 that Daya Ram .son of Mool Chand had also filed a Special Leave Petition against the judgment dated t7th October. 1984 of the Allahabad High Court by which the sentence of death was confirmed on him. It. appears from the order of this Court dated 18th February, 198.5 dismissing Daya Rams Special Leave Petition that this Daya Ram was the same person who was Gyasi Ram,, partner in the crime as mentioned hereinbefore. Subsequently, two Mercy Petitions were filed on behalf of Daya Ram which were forwarded for the consideration of the Governor of Uttar Pradesh in the fi