Narayan Dutt, Manjit Singh and
Prem Kumar also filed petitions under Article
161 of the Constitution of India before the
Governor of Punjab ... Punjab, vide order dated
24.07.2007, in exercise of his powers under
Article 161 , granted pardon to Narayan Dutt,
Prem Kumar and Manjit Singh and they
order of the President or the Governor under Article 72 or Article 161 , as the case may be, is available and their orders ... that the power of pardon, commutation and release under Article 72 (also under Article 161 ) cannot run riot and must keep sensibly to a steady
Government, whereby Hon'ble Governor, in exercise of powers under Article 161 of the Constitution of India has remitted remaining sentence of the respondent ... order of the President or the Governor under Article 72 or Article 161 , as the case may be, is available and their orders
premise
that a decision of the Governor under Article 161 of the
Constitution of India is not justiciable. That necessitated
the appellant to reach this ... President of India under Article 72 of the
Constitution of India or by the Governor of a State under
Article 161 thereof is non-justiceable
Republic" and in exercise of the powers conferred by Article 161 of the Constitution of India, the Governor is hereby pleased to remit ... with the powers of the Governor vested in the Governor under Article 161 of the Constitution of India. While deciding the above case, the Division
releasing the respondent No.5 and he also submits that under Article 161 of the Constitution of India, the Hon'ble Governor can pass ... decision taken by the President under Article 72 and the Governor under Article 161 of the Constitution of India ? And submitted that the Court
Department rejecting the mercy petition
filed by the petitioner under Article 161 of the Constitution,
petitioner has filed this writ petition.
Petitioner has been convicted ... total sentence of 10 years and
thereafter filed mercy petition under Article 161 of the
Constitution. Mercy petition was forwarded by the State
Government
passed by respondent
No.2 rejecting the mercy appeal filed under Article 161 of the
Constitution, this writ petition has been filed interalia contending
that ... mercy appeal filed under Article 161 of the Constitution read
with Rule 775 of the Jail Manual, cannot be rejected by the
Secretary
provisions of 432, 433 & 433A of the CrPC read with Article 161
of the Constitution of India. It is her say that the appropriate ... power
would have to be exercised by the Governor under Article 161 of the
Constitution of India albeit on the aid and advise
Government for the purpose of referring the matter for
pardon under Article 161 of the Constitution of India in the light
of the judgment ... willing to seek pardon from the Hon'ble Governor
under Article 161 of the Constitution of India but in absence of
any policy
