Pardon Jurisprudence I

Posted on by Rudrajyoti Nath Ray

Constitution Bench in Maru Ram v. Union of India, (1981) 1 SCC 107 considered the scope of Article 161 of the Constitution. Also, Union of India v. V. Sriharan, (2016) 7 SCC 1. The power under Article 161 can be exercised by State Governments, not by Governor on his own.

The prisoner, convicted on 25.3.2010, has completed 12 years and 25 days as on 06.07.2021. State Government can consider the prisoner in question, for premature release after undergoing imprisonment for less than 14 years, only under Article 161.

– Hon’ble Justice Hemant Gupta, State of Haryana v. Raj Kumar, [Criminal Appeal No. 721 of 2021].

Also see, Ram Chander v. State of Chhattisgarh, [Writ Petition (Criminal) No. 49 of 2022] decided on 22.04.2022.

Also see, Rajo v. State of Bihar, [Writ Petition (Criminal) No. 252 of 2023] decided on 25.08.2023.

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Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.