S.A. MIYAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner, as party-in-person, has filed this writ petition praying for issuance of a Writ of Certiorari calling for the records relating to the pardoning power of His Excellency, the President of India, regarding death sentence relating to Article 72(1)(c) of the Constitution of India and quash the same.

(2.) In the affidavit filed in support of this writ petition, the petitioner would aver among other things that he is a senior citizen and social worker and he is interested in doing special work affecting the society at large and to suggest ways and means to rectify the mistakes and his primary work is confined for the welfare of the society throughout the country. The petitioner would further aver that on an earlier occasion, he took up a public cause with regard to the abstinence on work by advocates and in this regard, he has filed W.P.No.33028/2007 and this Court, by order dated 01.09.2008, has directed the respondents therein to desist from doing anything which would result in abstinence from courts and the efforts taken by the petitioner was also appreciated.

(3.) According to the petitioner when an accused involved in a murder case, after full fledged trial, has been convicted under Section 302 of IPC and he is liable to be hanged till he is dead and once the said sentence attained finality, it cannot be interfered under the guise of invocation of Article 72(1)(c) of the Constitution of India and it is also violative of preamble of the Constitution as well as in the interest of justice. The petitioner would further contend that no time limit has been prescribed under Article 72(1)(c) of the Constitution of India and no criteria as to how the said power is to be exercised is also provided in the said Article and it may lead to arbitrariness and unreasonableness on the part of the executive, which would ultimately frustrate the penal system. The petitioner also contended that pardoning power under the said Article 72(1)(c) of the Constitution of India cannot take away the powers of the criminal courts and under the guise of said power, death sentence awarded after full fledged trial cannot be modified or commuted and therefore, he has come forward with this writ petition. A perusal of the affidavit filed in support of this writ petition would disclose that the writ petitioner wants this Court to declare that Article 72(1)(c) as ultra vires of the Constitution.