Constitution of India:
Art. 161 – Remission of sentence under – On the basis of policy framed by the executive – Relevant material not placed before the Governor and benefit in each of the cases was conferred by the executive itself in terms of the policy – Propriety of the remission – Held: The decisions of the Supreme Court by larger Benches show that relevant material must be placed before the Governor in order to enable him to exercise the power u/Art. 161 and failure on that count could result in quashing of the order of remission – The Constitution Bench in Maru Ram Case had observed that Government should make Rules for its own guidance in the exercise of the pardon powers – In view of the observation in Maru Ram case, the norms laid down by the policy were correct – Therefore, the matter is required to be referred to larger Bench – To determine the question whether in exercise of power conferred under Article 161, a policy can be framed, whereunder certain norms or postulates are laid down, on the satisfaction of which the benefit of remission can thereafter be granted by the Executive without placing the facts or material with respect to any of the cases before the Governor and whether such exercise can override the requirements under Section 433-A of Cr. P.C. – Sentence/ Sentencing – Remission of Sentence – Code of Criminal Procedure, 1973 – s. 433-A.
Maru Ram v. Union of India and Others (1981) 1 SCC
107 : [1981] 1 SCR 1196; Swaran Singh v. State of U.P. and Others (1998) 4 SCC 75 : [1998] 2 SCR 206; Epuru Sudhakar v. Govt. of A.P. (2006) 8 SCC 161 : [2006] 7 Suppl. SCR 81; Satpal v. State of Haryana (2000) 5 SCC 170 : [2000] 3 SCR 858; State of
Haryana and Others v. Jagdish (2010) 4 SCC 216 : [2010] 3 SCR 716; Devender Pal Singh Bhullar v. State (NCT of Delhi) (2013) 6 SCC 195 : [2013] 6 SCR 676 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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