subject to Article 142 of the Constitution. It is
submitted that Article 142 does not override Article 161. Mr. Alva further
makes the following submissions ... temporary remission as well. There is no clash between Article 142
and Article 161 of the Constitution in the present case. Reliance is placed
upon
case may be, takes to consider
petitions filed under Article 72 or Article 161 of the
Constitution or the time which the Government takes ... President
and the Governor while exercising jurisdiction under Article
72 and Article 161 are concerned the question is not at all
relevant
question as to whether the power of suspension of sentence under
Article 161 of the Constitution of India could be exercised during the period
when ... this behalf, it would be relevant to extract Article 161 of the
Constitution of India, which reads as under:-
"161. Power of Governor
vested the power of granting
premature release to the Governor under Article 161 of the
Constitution of India and the latter has vested the said ... exception
is not applicable in the instant case.
24. The Article 72 and Article 161 of the Constitution are as under:-
―ARTICLE 72
Power
Constitution
makers went on to incorporate the provisions of Article
72 and Article 161 of the Constitution of India. This
responsibility was cast upon ... right to claim remission,
commutation, reprieve, etc. as provided under
Article 72 or Article 161 of the Constitution will
always be available being constitutional
suffice
for grant of pardon to the petitioner in terms of Article 161 of the
Constitution of India. He submitted that in such circumstances ... Delhi in that
regard can be acted upon in terms of Article 161 of the Constitution of
India.
13.7. Fourth, he submitted that the petitioner
Article 142 " to make such order as is necessary for doing complete justice in any cause or matter pending before it, whereas Article 161 ... powers. It will be seen that the ambit of Article 161 is very much wider and it is only in a very narrow field that
schemes have to be treated as guidelines for exercising
powers under Article 161 of the Constitution of India. It is in this
context, that ... concerned authority for considering his release in exercise of powers
under Article 161 of the Constitution of India; it was apposite to treat
the case
Articles. The President
or the Governor, as the case may be, in exercise of power
under Articles 72/161 respectively, may examine the evidence
afresh ... concise, the power vested in the President under Article
72 and the Governor under Article 161 of the Constitution is a
constitutional duty
have to be treated as guidelines for
exercising its power under Article 161 of the Constitution and
if according to the government policy/instructions ... time before the authorities concerned for
considering exercise of power under Article 161 of the
Constitution. When an authority is called upon to exercise
