Pardoning convict subject to judicial review: SC

In a judgment which might have an impact on the controversy over the death sentence to Mohammad Afzal, the Supreme Court today held that the power of pardon by the President or the governor of a state could not be exercised for political, religious or other extraneous considerations.

The ruling came in an appeal from Andhra Pradesh, where the court had set aside an order passed by the governor granting remission to a Congress leader, Gowra Venkata Reddy, sentenced to undergo 10 years imprisonment in a murder case involving Telugu Desam party workers.

The Bench headed by Justice Arijit Pasayat held that the exercise of the power of remission, mercy or reprieve by the President or the governor would be subject to judicial review.

The court said that though it would not be possible to lay down straitjacket principles in dealing with the issue, the President or the governor would have to take into consideration the exercise of the power on the victim's family, its impact on the society and its future impact.

The court was of the view that vindication of the rule of law would be of paramount consideration in all such cases and the President or the governor exercising the power of pardon had to take this into account while dealing such cases.

Article 72 of the Constitution grants these powers to the President while Article 161 confers on the governors similar powers.