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 befor e the Governor and benefit in each of the cases was confer red by the executive itself in terms of the policy – Pr opriety of the r emission – Held: The decisions of the Supr eme Cour t by lar ger Benches show that relevant material must be placed befor e the Governor in or der to enable him to exer cise the power u/Ar t. 161 and failur e on that count could r esult in quashing of the or der of r emission – The Constitution Bench in Maru Ram Case
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