Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pardon Judicial Review |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950: Articles 72 and 161 - Petition under- For grant of pardon - Delay is disposal of - Whether sufficient ground for commuting the death sentence to life imprisonment by judicial forum - Held: The Court cannot exercise power of judicial review only on the ground of undue delay - the rule that long delay may be the ground for commutation of death sentence, cannot be invoked in the case where conviction is under TADA - In the present case, the petitioner having been convicted under TADA, the decision taken by the President not to grant pardon, cannot be quashed by taking resort to judicial review - Terrorist and Disruptive Activities (Prevention) Act, 1987. Articles 72 and 161 - Power under - Nature of - Held: The power is neither a matter of grace nor a matter of privilege - It is an important constitutional responsibility to be discharged by the highest executive, keeping in consideration larger public interest and welfare of the people - The power has to be exercised by taking into cognizance, the relevant facts after taking aid and advice of the Council of Minister. Articles 72 and 161 - Decision under - Judicial review of - Scope of - Held: The scope of judicial review of the decision passed u/Arts. 72/161 is very limited - The Court in such cases can neither sit in appeal nor exercise the power of review - It can interfere only where it finds that the decision is taken without application of mind to the relevant factors, or the decision is founded on the extraneous or irrelevant considerations, or is vitiated due to malafides or patent arbitrariness - In the facts of the present case, there is no valid ground to interfere with the decision of the President not to grant pardon u/Art. 72 - Judicial Review. Art. 72 - Petition under - Delay in disposal - About 18 petitions filed between the years 1999 and 2011 remained pending for a period ranging from 1 year to 13 years - Courts showed its concern with the hope that such petitions would be disposed of in future without undue delay. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 249 |
Petitioner | Devender Pal Singh Bhullar |
Respondent | State Of N.c.t. Of Delhi |
SCR | [2013] 6 S.C.R. 676 |
Judgement Date | 2013-04-12 |
Case Number | 16039 |
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