Supreme Court of India
Pyare Lal v. State of Haryana
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What the Court ordered
In view of the aforesaid settled legal position, we cannot accept the rigid contention of the learned counsel for the third respondent that this Court has no power to touch the order passed by the Governor under Article 161 of the Constitution.
Judgment, page 14
From the headnote
Constitution of India: Art. 161 – Remission of sentence under – On the basis of policy framed by the executive – Relevant material not placed before the Governor and benefit in each of the cases was conferred by the executive itself in terms of the policy – Propriety of the remission – Held: The decisions of the Supreme Court by larger Benches show that relevant material must be placed before the Governor in order to enable him to exercise the power u/Art. 161 and failure on that count could result in quashing of the order of remission – The Constitution Bench in Maru Ram Case had observed…
Authorities it was built on
- 2010 State of Haryana and Ors. v. Jagdish
- 2006 Epuru Sudhakar and Anr. v. Govt. of A.P. and Ors.
- 2000 Municipal Corporation of Delhi v. Female Workers (muster Roll) and Anr.
- 2000 Satpal and Anr. v. State of Haryana and Ors.
- 1998 Swaran Singh v. State of U.P. and Ors.
- 2013 Devender Pal Singh Bhullar v. State of N.C.T. of Delhi
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