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Pardon Mercy Crime and Punishment

So much has been said and written and said about these words in the context of Sanjay Dutt that more on the same may lead to indigestion or revulsion. However i have a few things to add. I do not want to talk of merits demerits of the case. All i want to say is that the words which form the title of this post apply to every person differently. Pardon for a celebrity but none for a commoner. Mercy for juveniles accused of the worst bestiality but none for under trials wrongly framed and incarcerated in jails. Crime when a person murders with a motive but none when mass murderers get elected repeatedly. Punishment and that too capital on statute, but used as a political tool by a state to counter opposition and deflect attention from pressing issues. Who can pardon? President, Governor or really an executive on whose advise the latter act. Or should the persons affected by the acts of the criminal have a right to pardon. Can one allow both or either one of them to exercise this rig