Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India pardon |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950 - Art.161 - Grant of pardon by Governor under Art. 161 - Nature and scope of the power of pardon - Extent of judicial review over such power- Murder of one person - Additional Sessions Judge convicted accused-appellants under s.302 IPC r/w other provisions of IPC and sentenced them to life imprisonment - All the appellants appealed before the High Court - During the pendency of the appeals, the appellants also filed petitions under Article 161 of the Constitution before. the Governor of the State - The Governor granted pardon to them and they were directed to be released - Writ petition was filed there against - High Court set aside the order of pardon of the Governor - Held: There is limited scope of judicial review on E exercise of power by the Governor under Article 161 - In the instant case, before the Governor could pass the order of pardon, the accused-appellants filed appeals against the order of conviction and sentence and the same were pending before the High Court - This was a relevant fact for the Governor to take into consideration before granting his power of pardon - But, in the instant order of the Governor there was no reference to this fact- Therefore, all relevant facts were possibly not placed before the Governor - Apart from this, there is another vital aspect in the order of the Governor which requires serious consideration, inasmuch as, in the order of the Governor, there were some observations about the guilt or innocence of the accused-appellants - The powers of a Court of law in a criminal trial and subsequent appeal right upto Supreme Court and that of the President/Governor under Article 721161 of the Constitution operate in totally different arenas and the nature of these two powers are a/so totally different from each other - One should not trench upon the other - The instant order of the Governor, by pronouncing upon the innocence of the accused therefore exceeded the permissible constitutional limits under Article 161 of the Constitution - The order of the Governor cannot be approved- Matter remanded to the Governor for re-consideration of the matter in accordance with law - Penal Code, 1860 - ss. 148, 302/149, 323, 149, 324, 325 and 326. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 161 |
Petitioner | Narayan Dutt And Ors. |
Respondent | State Of Punjab And Anr. |
SCR | [2011] 4 S.C.R. 983 |
Judgement Date | 2011-02-24 |
Case Number | 2058 |
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