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...consent of the court. In any case these proceedings being not in the nature of pardon or suspension or remission or commutation of sentence have no bearing on the question before us...negatives the orders of the court. Every time it is exercised it conflicts with some order of the court whether it is a case of pardon or commutation of sentence or a reprieve or suspension or res...nature of exercise of sovereign power is vested in the Head of the State and has, in some respects, been modified by statute; that the power of pardon may be exercised unconditionally or subject to...
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4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty pardon or commutation of the sentence of death may be granted in all ca...wide variety of factors in justfication of confirmation or commutation of death sentence and these factors when analysed fail to reveal any coherent pattern. This is the inevitable consequence of the...murder and this has led to considerable arbitrariness and uncertainty. This is evident from a study of the decided cases which clearly shows that the reasons for confirmation or commutation of death...
...years of imprisonment is an expression of the Trial Court's decision to deny the petitioner any pardon or commutation of the sentence as is exercised by the President or the Governor under Articles...pardon. However, the exercise of such power under Article 161 of the Constitution or under Section 433-A Cr.PC may have a different flavour in the statutory provisions, as short-sentencing policy...Penal Code only means imprisonment for the rest of the life of the convict. The right to claim remission, commutation, reprieve, etc. as provided under Article 72 or Article 161 of the Constitution...
...uniformly held agreements to secure a pardon, parole, or commutation of sentence illegal irrespective of the services rendered or contemplated, the more recent decisions take the view that such contracts are valid ...petition deserves to be dismissed.5. Considering the fact that in large number of cases challenge is made to the grant of pardon or remission, as the case may be, we had...:“295. (1) Where any person has been sentenced to death in a Province, the Governor General in his decision shall have all such powers of suspension, remission or commutation of sentence as...
...years of age, to exclude pregnant women from capital punishment and to ensure the right to a fair trial and the right to seek pardon or commutation of sentence;(b..., notwithstanding that the practical effect of the Presidential act is to remove the stigma of guilt from the accused or to remit the sentence imposed on him. … The legal effect of a pardon is wholly different...the convicts and are not limited to only death sentence cases and must be understood accordingly. It contains the power of reprieve, remission, commutation and pardon for all offences, though death...
...circumstances of his or her case. The existence of a right to seek pardon or commutation, as required by article 6, paragraph 4, of the Covenant, does not secure adequate protection to the right to life, as...:52.(1) The Governor-General may(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;(b) grant to any person...not advanced in the courts below. The first argument challenges the constitutionality of the mandatory death penalty, which is said to infringe both the protection against subjection to inhuman or...
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...Government of United Kingdom. After having perused the clause (2) of Article 10 thereof, we find that there is a power vesting in Union of India even togrant pardon, amnesty or...commutation of sentence in accordance with the laws prevailing in India. We do not see any prohibition on grant of parole to the appellant on valid and lawful grounds...
...matter of constitutional courtesy, it is obligatory that the signature of the Governor should authorise the pardon, commutation or release”.19. By following the....24. Strong reliance was placed by Mr. Natraj on the judgment of this Court in Sriharan (supra) to contend that it is only the President of India who has the power to pardon or grant remission ...and its decision to consider commutation/remission of the sentence imposed on the Appellant and some others. The writ petition was referred to a Constitution Bench of this Court by order dated...
...amnesty, pardon or commutation of sentence, which may be granted in all cases."Barbados ratified the ACHR in 1982. The organ which interprets the treaty is the Inter-American Court of..., be void". section 15(1) says that no person shall be subject to "an inhuman or degrading punishment". But section 26 says that no existing law "shall be held to be inconsistent with or in...contravention of any provision of sections 12 to 23". The law decreeing the mandatory death penalty was an existing law at the time when the constitution came into force and therefore, whether or not it is "an...
...punished the offender with death but did not, or where the court did punish the culprit with death but he survived through commutation to life imprisonment granted under Section 433(a) of the Procedure...flabbergasted at even a faint suggestion that the President or the Governor might exercise his power of commutation guided, inter alia, by the parliamentary pointer expressed in Section 433-A. The next...ameliorative judicial award or statutory commutation by the executive should not devalue the sternness of the sentence to be equated with the life sentence awarded for the obviously less serious clauses...
...;(d) a sentence of simple imprisonment, for fine.433-A. Restriction on powers of remission or commutation in certain cases.—Notwithstanding anything...not stand and cannot affect even a wee bit the pardon power of the Governor or the President. The necessary sequel to this logic is that notwithstanding Section 433-A the President and the Governor...likes it or not, can advice and act under Article 161, the Governor being bound by that advice. The action of commutation and release can thus be pursuant to a governmental decision and the order may...
...commutation or pardon, theexercise of mercy, is for the Governor-General acting on the recommendations ofthe Jamaican Privy Council. The merits are not for the courts...Human Rights 1969 provides for the right to life. By paragraph 6:-"Every person condemned todeath shall have the right to apply for amnesty, pardon or commutation of...convicted of any offence against the law of Jamaica a pardon, eitherfree or subject to lawful conditions;(c) substitute a less severe...
...Government. It is for the executive side of the Government to implement the judgment and order of conviction and sentence passed by the Court. In this sphere there may be pardon and reprieve or commutation, suspension and r...application of the petitioner on or before July 29, 1988. The I.G. Prisons by his order dated July 29, 1988 rejected the application for furlough on the ground that the petitioner-prisoner has been...labouring under some mis-conception of law. In this connection the question with regard to commutation, remission and suspension of sentence and provisions relating to the same are required to be...
...and the right to seek pardon or commutation of sentence; (b) To ensure that the notion of "most serious crimes" does not..., commutation and pardon for all offences, though death sentence cases invoke the strongest sentiment since it is the only sentence that cannot be undone once it is executed...granting pardon/remission, if subsequently, materials are placed to show that certain relevant materials were not considered or certain materials of extensive value...
..., is a purely executive function - which includes the grant of remission, commutation, pardon, reprieves, or suspension of sentence. (1961) 3 SCR 440...the convict gets benefit of a liberalised policy of State pardon. However, the exercise of such power under Article 161 of the Constitution or under Section 433-A CrPC may have a different flavour in...been in custody for 24 years without grant of remission or parole.2. The petitioner (aged 40, at the time), with three other co-accused persons, was convicted on...
...transferring State, not the receiving State, and that this included all petitions or applications for pardon, amnesty, commutation or remand. A copy of this Agreement has been produced and is Exhibit...competent to decide applications for review and to grant pardons, amnesty or commutation.16. Section 12 then deals with transfers into India, and says that such a transfer (of an Indian...where, or so he is supposed to have said, a contact person was to meet him. That person did telephone but did not show up. The police claimed that this was probably because, by that time, the press...
...the Governor's approval although, under the Rules of Business and as a matter of constitutional courtesy, it is obligatory that the signature of the Governor should authorise the pardon, commutation or release...declined and the information in this regard was sent to the detenu vide letter dated 15.9.1987 copy whereof is Annexure P-2, on the ground that there are no extenuating circumstances, or compassionate...can advise and act under Art. 161, the Governor being bound by that advice. The action of commutation and release can thus be pursuant to a Governmental decision and the order may issue even without...
...liability. While the earlier cases uniformly held agreements to secure a pardon, parole, or commutation of sentence illegal irrespective of the services rendered or contemplated, the more recent decisions take the ...account of failure to use any matter which was known to defendant or his counsel and was available at time of new trial motion.19. “Pardon and Parole” as stated in AMERICAN JURISPRUDENCE...clear that the court would entertain a complaint that, for example, a royal pardon had been obtained by fraud or granted by mistake or for improper reasons. The High Court has gone so far as to...
...173 this Court half-explored the area of ‘mercy’ power but switched on to a different question without pronouncing on the Court's review of Presidential exercise of commutation or respite power. Sinha, C.J, speaking for the...or glaring ground to consider the refusal of commutation in the present case as motivated by malignity or degraded by abuse of power. We therefore cannot find our way to interfere with what the...Court may not be silent or impotent. Assuming as proved the case of a President gripped by communal frenzy and directing commutation of all the penalties where the convict belongs to a certain...