Friday 1 July 2016

Supreme Court Cannot Exercise Power Of Pardon Vested With President, Governor

A bench of justices Dipak Misra and Shiva Kirti Singh said that the constitutional power of the executive to grant pardon to convicts cannot be exercised by the apex court unless there is a violation of fundamental rights. There was an argument that when a pardon or remission can be given under Article 72 (by President) or 161 (by Governor)  by the constitutional authority, that why  similar power
of Supreme Court under Article 32 of the Constitution can not be invoked.

Article 32 of the Indian constitution which grants Supreme Court the authority to pardon or remission, can be only invoked when there is violation of any fundamental right or where the Court takes up certain grievance which falls in the realm of public interest litigation.

The observation came on the pleas of some persons convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act who were seeking grant of remission of their 10-year sentence as the relief was not available to them under the New Punjab Jail Manual of 1996.

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