President of India to invoke the power
of pardon under Article 72 of the Constitution of India was rejected
on 30 July 2014. Thereafter ... Article 161 of the
Constitution before it is submitted to the President of India
because once the petition is considered and decided under
Article 72
done. The provisions of Article 2 of the Limitation
Act, 1908 which Article is in para materia with Article 72 ... statutory
command and only then Article 2 would be attracted. The
provisions of Article 72 of the Act of 1963 were considered in
Challa Ramkrishna
Chaudhary submits that Article
161 of the Constitution of India confers power upon the Governor to grant
pardon while Article 72 confers a similar power ... prisoner, subject however, to the right to claim remission
under Articles 72 and 161 of the Constitution and also as provided under
Section
documents giving
details of the decision taken by the Governor under
Article 161 , copy of records of the case, nominal role of
the convict ... observes that though guidelines
to define the contours of power under Articles 72/161
cannot be laid down in the form of a circular
documents giving
details of the decision taken by the Governor under
Article 161 , copy of records of the case, nominal role of
the convict ... observes that though guidelines
to define the contours of power under Articles 72/161
cannot be laid down in the form of a circular
sentence. The Division Bench also referred to the provisions of Articles 72 and 161 of the Constitution of India which dealt with the power ... Government and in the President of India and the Governor under Articles 72 and 161 of the Constitution of india respectively.
5. Now, when
Chaudhary submits that Article
161 of the Constitution of India confers power upon the Governor to grant
pardon while Article 72 confers a similar power ... prisoner, subject however, to the right to claim remission
under Articles 72 and 161 of the Constitution and also as provided under
Section
Chaudhary submits that Article
161 of the Constitution of India confers power upon the Governor to grant
pardon while Article 72 confers a similar power ... prisoner, subject however, to the right to claim remission
under Articles 72 and 161 of the Constitution and also as provided under
Section
commuted to life imprisonment by the President of India under Article 72 of the Constitution in a mercy petition submitted by the petitioner. Since then ... nutshell is that the power to grant commutation of sentence under Article 72 of the Constitution if Independent and separate from the one provided under
pardon is ested in the President and Governors of States by Articles 72 and 161 of the Constitution. Article 72(1) states:
"The President ... legislative restrictions."
Having regard to the language used in Articles 72 and 161 of our Constitution, which is similar to that used
