Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following instructions regarding procedure to be observed by the State for dealing with petitions for mercy from or on behalf of convicts under sentence of death and with appeals to Supreme Court and applications for special leave to appeal to that Court by such convicts are reproduced for convenience of reference. after the date, on which the period allowed for an appeal to the Supreme Court or for lodging an application for a special leave to appeal to the Supreme Court expires. II. If the convict submits a petition within the above period, it shall be addressed, (a) in the case of the State to the Governor of the State and the President of India, (b) in the case of the Union Territories to the President of India. The execution of sentence shall in all cases be postponed pending receipt of their orders. III. The petitions shall in the first instance,— (a) in the case of the States be sent to the State Government concerned for consideration and orders of the Governor, If after consideration it is rejected, it shall be forwarded to the Secretary to the Government of India, Ministry of Home Affairs. If it is decided to commute the sentence of death, the petition addressed to the President of India shall be withheld and an intimation of that fact shall be sent to the petitioners; (b) in the case of the Union Territories, be sent to the Chief Commissioner who shall transmit it to Secretary to the Government of India, Ministry of Home Affairs, stating that the execution has been postponed pending the receipt of the orders of the President of India. IV. If the convict submits the petition after the period prescribed by Instruction I above it will be within the discretion of the Chief Commissioner or the Government of the State concerned, as the case may be, to consider the petition and to postpone execution pending such consideration and also to withhold or not to withhold the petition addressed to the President. In the following circumstances, however, the petition shall be forwarded to the Secretary to the Government of India, Ministry of Home Affairs. (i) if the sentence of death was passed by the appellate Court on an appeal against the convict's acquittal or as a result of an enhancement of sentence by the appellate Court whether on its own motion or on an application for enhancement of sentence, or (ii) when there are any circumstances about the case, which in the opinion of the Chief Commissioner or the Government of the State concerned, as the case may be, render it desirable that the President should have an opportunity of considering it as in cases of a political character and those in which for any special reason considerable public interest has been aroused. When the petition is forwarded to the Secretary to the Government of India, Ministry of Home Affairs, the execution shall simultaneously be postponed pending receipt of orders of the President thereon.