power vested in the President under Article 72 and the Governor under
Article 161 of the Constitution. Shri Tulsi then referred to the judgments ... argued that delay in deciding a mercy petition
filed under Article 72 or Article 161 of the Constitution due to executive
indifference or callousness
clearly held that the power of the constitutional authorities under Article
71 and Article 161 of the Constitution has to remain sacrosanct but the
power ... dealt with.
35. To elaborate, though the power exercised under Article 71 and Article
161 of the Constitution is amenable to judicial review
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
appeals raise an interesting question involving the
scope and ambit of Article 161 of the Constitution of India, 1950 (in
short the 'Constitution ... Governor of a
particular State in exercise of clemency powers under Article 161 of the
Constitution can grant remission to prisoners convicted by courts
outside
order dated 14th August, 1997 made by the Governor under Article 161 of the Constitution of India.
4. The order dated 14th August ... 50th Anniversary of the Independence of India and in pursuance of Article 161 of the Constitution of India, the Governor of Gujarat granted remission
others, filed mercy petitions before the
Governor of Tamil Nadu under Article 161 of the Constitution
of India, which were rejected on 27.10.1999. The mercy ... Sriharan1 .
4. On 30.12.2015, the Appellant filed a petition under
Article 161 of the Constitution for remission of his sentence.
The writ petition filed
clearly held that the power of the constitutional
authorities under Article 71 and Article 161 of the
Constitution has to remain sacrosanct but the power ... with.
40
35. To elaborate, though the power exercised under Article
71 and Article 161 of the Constitution is amenable to
judicial review
that the power reposed in the President
under Article 72 and the Governor under Article 161 of the
Constitution is not a matter of grace ... order of the President or the
Governor under Article 72 or Article 161 , as the
case may be, is available and their orders
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
cases of
convict prisoners for premature release by the Governor under Article 161 of
the Constitution of India. In the said Government Order ... order of the President or the Governor under Article 72 or Article
161 , as the case may be, is available and their orders
