"It is not our duty. It is for the executive to decide how to consider the matter. We cannot pass such direction," a three judge Bench headed by Chief Justice K G Balakrishanan said.

"This court cannot give such directions. We already passed the final order. You go to the executive," the Bench told the petitioner, NGO Lashkar-e-Hind.

The court's remark's came while dismissing a PIL seeking direction to the Centre not to delay the hanging of Afzal, a Jaish-e-Mohammad activist, whose death sentence was upheld by the apex court on August 4, 2005.

Afzal's conviction and death sentence by the trial court was upheld by both the Delhi High Court and the Supreme Court which had dismissed his review and curative petition, the last legal remedy available to a convict.

While two of the three other accused were acquitted, Shaukat Hussain Guru, Afzal's associate, was sentenced to 10 years imprisonment for not informing the police about the conspiracy to attack Parliament.

The petition pointed out the Centre cannot sit on the mercy petition indefinitely. "There is no laid down procedure which the President and the council of ministers must follow while dealing with mercy petitions which means empowering the government with unfettered authority which is undesirable," counsel appearing for the petitioner contended.