T MOIDEEN KOYA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Can the High Court, in exercise of its extraordinary jurisdiction under Art.226 of the Constitution of India, issue a writ of mandamus to a Criminal Court not to execute the sentence imposed on an accused pending his application before the Government for commutation of sentence under S.433(d) of the Code of Criminal Procedure

(2.) The learned Single Judge before whom the writ petition came up for consideration declined the above prayer. Nevertheless, the learned Judge directed the Government to consider the application submitted by the appellant for commutation expeditiously. The above order is under challenge in this writ appeal.

(3.) Relevant facts may be briefly noticed.