GURVAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Writ Petition is filed for direction to convert the sentence of the petitioner from 30 years in jail without remission to a sentence of life imprisonment; and further to declare that this Court is not competent to fix a particular number of years (with or without remission) when it commutes the death sentence to life imprisonment while upholding the conviction of the accused under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC').

(2.) FACTS and circumstances giving rise to this petition are that:

(3.) THE issue involved herein has been raised before this Court time and again. Two Judge as well as three Judge Bench have several times explained the powers of this Court in this regard and it has consistently been held that the Court cannot interfere with the clemency powers enshrined under Articles 72 and 161 of the Constitution of India or any Rule framed thereunder except in exceptional circumstances. So far as the remissions etc. are concerned, these are executive powers of the State under which, the Court may issue such directions if required in the facts and circumstances of a particular case.