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PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937
WA.NO. 658 OF 2015 () IN WP(C).23387/2014
------------------------------------------AGAINST JUDGMENT IN WP(C) 23387 OF 2014 OF HIGH COURT OF KERALA
DATED 02-03-2015
APPELLANT(S)/PETITIONER:
-----------------------T.MOHAMMED ASHRAF AGED 55 YEARS
S/O. HAJI K. ASSAINAR, LINK HEIGHTS, PANAMPILLY NAGAR
COCHIN - 683 036.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
SRI.RAAJESH S.SUBRAHMANIAN
RESPONDENT(S)/RESPONDENT:
------------------------1. STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY
HOME DEPARTMENT, SECRETARIAT, THRIUVANANTHAPURAM.
2. THE DIRECTOR OF POSECUTION
OFFICE OF THE DIRECTOR OF PROSECUTION
KERALA HIGH COURT, ERNAKULAM.
3. THE UNION OF INDIA
REPRESENTED BY ITS JOINT SECRETARY
MINISTRY OF HOME AFFAIRS, NDCC - II, JAI SING ROAD
NEW DELGHI -110 001.
IN WP(C).23387/2014
C.R.
ASHOK BHUSHAN, C.J.
and
A.M. SHAFFIQUE, J.
====================================
W.A. No.658 of 2015
====================================
Dated this the 27th day of May, 2015
JUDGMENT
Writ Appeal
read with
Petitioner filed
-: 2 :-
Criminal
this
day
to
deposit
in
the
trial
court
to
respondent
No.1
by
way
of
In
3.
-: 3 :-
Department.
The Home
President
of
India
under
Article
72
of
the
Constitution of India.
4.
-: 4 :-
granted
subject
to
compensation ordered.
the
petitioner
was
deposit
of
one
half
of
the
rejected
by
the
the fact that the basis of filing the Writ Petition, i.e.,
pendency of the clemency petition has been knocked
out on account of
dismissal of
following reliefs:
i.
of
the
clemency
petition,
Exhibit
P1,
Exhibit P10
6.
02.03.2015
The learned
before
any
competent
authority
is
the learned
-: 6 :-
It is submitted that
judgments of
Shri
R.Prasanth
Government Counsel
Kumar,
learned
Central
It is
-: 7 :-
that
petition of the
We
have
considered
the
submissions
of
is quoted as
under:
72. Power of President to grant pardons,
etc., and to suspend, remit or commute sentences in
certain cases.- (1)
power to
in all cases
In
all
cases
where
the
sentence
is
sentence of death.
(2)
nature of the
-: 9 :-
It is
useful to refer to
-: 10 :and 17)
"The
pardoning
power
is
founded
on
or
enforcement
of
the
criminal
law.
Acts
administered
by
of
the
leniency
executive
by
pardon
branch
of
are
the
some
department
or
functionary
of
time
immemorial,
and
has
always
been
-: 12 :the
various
states
and
territories
it
is
either
of
time,
whereby
the
execution
is
to
Judicial
review
and
that
an
unfair
prerogative
does
not
per
se
confer
not
concern
themselves.
It
may
be
the
that
it
cannot
be
based
upon
the
it
seems
to
me
that
when
clear
that
the
court
would
entertain
and
failed
to
take
account
of
other
the
prerogative
power
of
pardon
is
not
review;
but
that
the
existing
legal
and
letting
sports
grounds
or
placing
-: 19 :-
It is submitted that
communication
dated
21.07.2014
informing
the
dated
04.08.2014
for
reconsideration
as
dismissed by the
jurisdiction under
-: 20 :-
dated
21.07.2014,
petitioner was
not
-: 21 :-
to
ordinarily,
guidelines
for
fair
and
equal
exercised
for
political
consideration
was
of
the
finer
canons
of
the
to
judicial
review
on
certain
limited
manner
in
which
the
decision
was
made
-: 27 :decision,
or
quasi
judicial
decision,
or
an
for
Education
and
Science
v.
Tameside
that
the
order
has
been
passed
on
no
ground has been made out which may come within the
limited scope of judicial review by this Court in exercise
of Article 226 of the Constitution.
-: 31 :-
warrant
-: 32 :-
manner.
22. Learned
Government
Pleader
also
placed
ASHOK BHUSHAN,
CHIEF JUSTICE.
A.M. SHAFFIQUE,
JUDGE.
vsv