10-11-2006, 09:33 PM
http://www.hindu.com/thehindu/holnus/000...111201.htm
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->President's power of pardon subject to judicial review: Supreme Court
By J. Venkatesan
New Delhi: In a landmark judgment, the Supreme Court on Wednesday held that the exercise of power of pardon by the President or the Governor of a State to a convict cannot be done for political, religious or other extraneous considerations.
A Bench of Justice Arijit Pasayat and Justice S H Kapadia, held that the exercise of the power of remission, mercy or reprieve by the President or the Governor would be subject to judicial review.
The Bench set aside an order passed by the Governor of Andhra Pradesh granting remission of sentence to a Congress leader, Gowra Venkata Reddy, who was sentenced to undergo 10 years imprisonment in a murder case involving Telugu Desam party workers.
The Bench passed these orders on a petition filed by Epuru Sudhakar challenging the Governorâs order remitting the sentence to the period already undergone by Venkata Reddy.
The apex court in November 2005 while admitting the petition had stayed his release from the prison. The Bench held that the order passed by the Governor for political and extraneous considerations was unsustainable.
The Bench, however, said that it would be open to the Governor to reconsider the matter afresh after a proper inquiry based on the materials placed before him by the State Government.
This decision of the apex court assumes importance in the context of representations being made to President A P J Abdul Kalam for granting clemency to Mohammad Afzal, sentenced to death in the Parliament attack case.
The Court said though it would not be possible to lay down straitjacket principles in dealing with the issue of reprieve, clemency or remission, the President or the Governor would have to take into consideration the exercise of the power on the victimâs family, its impact on the society and its future impact.
The Bench was of the view that vindication of the rule of law would be of paramount consideration in all such cases and the President or the Governor exercising the power of pardon had to take this into account while dealing such cases. <!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->President's power of pardon subject to judicial review: Supreme Court
By J. Venkatesan
New Delhi: In a landmark judgment, the Supreme Court on Wednesday held that the exercise of power of pardon by the President or the Governor of a State to a convict cannot be done for political, religious or other extraneous considerations.
A Bench of Justice Arijit Pasayat and Justice S H Kapadia, held that the exercise of the power of remission, mercy or reprieve by the President or the Governor would be subject to judicial review.
The Bench set aside an order passed by the Governor of Andhra Pradesh granting remission of sentence to a Congress leader, Gowra Venkata Reddy, who was sentenced to undergo 10 years imprisonment in a murder case involving Telugu Desam party workers.
The Bench passed these orders on a petition filed by Epuru Sudhakar challenging the Governorâs order remitting the sentence to the period already undergone by Venkata Reddy.
The apex court in November 2005 while admitting the petition had stayed his release from the prison. The Bench held that the order passed by the Governor for political and extraneous considerations was unsustainable.
The Bench, however, said that it would be open to the Governor to reconsider the matter afresh after a proper inquiry based on the materials placed before him by the State Government.
This decision of the apex court assumes importance in the context of representations being made to President A P J Abdul Kalam for granting clemency to Mohammad Afzal, sentenced to death in the Parliament attack case.
The Court said though it would not be possible to lay down straitjacket principles in dealing with the issue of reprieve, clemency or remission, the President or the Governor would have to take into consideration the exercise of the power on the victimâs family, its impact on the society and its future impact.
The Bench was of the view that vindication of the rule of law would be of paramount consideration in all such cases and the President or the Governor exercising the power of pardon had to take this into account while dealing such cases. <!--QuoteEnd--><!--QuoteEEnd-->