Constitution of India — Articles 72, 161 & 32

September 13th, 2013

Constitution of India — Articles 72, 161 & 32 — Mercy petition — Rejection by President or Governor — Judicial review on ground of delay — When not permissible — Held, if murder is committed in an extremely brutal or dastardly manner, which gives rise to intense and extreme indignation in the community, if the murder is committed by burning the bride for the sake of money or satisfaction of other kinds of greed and if the enormity of the crime is such that a large number of innocent people are killed without rhyme or reason, then award of extreme penalty of death will be justified — All these factors have to be taken into consideration by the President or the Governor, as the case may be, while deciding a mercy petition — Exercise of power by the President or the Governor, as the case may be, not to entertain the prayer for mercy in such cases cannot be characterized as arbitrary or unreasonable — Hence, in such cases, the Court cannot exercise power of judicial review only on the ground of undue delay.

Ediga Anamma v. State of A.P., (1974) 4 SCC 443, Sher Singh v. State of Punjab, (1983) 2 SCC 344, Triveniben v. State of Gujarat, (1989) 1 SCC 678 and Machhi Singh v. State of Punjab, (1983) 3 SCC 470, Relied on.

(Para 39)

Devender Pal Singh Bhullar v. State of N.C.T. of Delhi[Bench Strength 2], Writ Petition (Criminal) D. No. 16039/2011(12/04/2013), 2013(5) SCALE 575: 2013(2) Supreme 642: 2013(5) JT 598: 2013(5) SLT 223: 2013(6) SCC 195 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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