SWARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) SHRI Doodh Nath, third respondent in this appeal, was found guilty of murdering one Joginder Singh. He was convicted and sentenced to imprisonment for life along with some other persons who too were involved in the same offence. His appeal to the High Court and Special Leave Petition to this Court did not give any help to extricate himself from the penal clutches of the offence. But within a period of less than two years, he succeeded in escaping from prison as the governor of Uttar Pradesh granted remission of the remaining long period of his life sentence. That step of the Constitutional functionary was far beyond the tolerance capacity of the bereaved members of the family of deceased Joginder Singh and hence his son (the present appellant) moved the Allahabad High Court, challenging the aforesaid action of the Governor. A division bench of the High Court which heard his writ petition dismissed it on the premise that a decision of the Governor under Article 161 of the Constitution of India is not justiciabe. That necessitated the appellant to reach this Court with this appeal by special leave.

(2.) SHRI Doodh Nath was an MLA of the U.P. Assembly when he was convicted of the offence of murder. He was unseated as a sequel to the said conviction and his wife succeeded in becoming his successor in the same constituency. Appellant alleged that when Governor passed the order granting remission of sentence, Shri Doodh Nath was already accused in five other criminal cases involving serious offences. That and many other relevant materials were not posted before the Governor when he considered the question of granting reprieve to the convict, according to the appellant.

(3.) THE police officials whose report was called for in connection with the consideration of the second application for grant of remission sent up a report which was unfavourable to Doodh Nath. But the same police officials after one week, forwarded another report containing recommendation for remitting the sentence as prayed for by Doodh Nath on "humanitarian grounds".