Supreme Court · 2006 INSC 695 · Decided 11 October 2006
Epuru Sudhakar and ANR. v. GOVT. of A.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 695 · [2006] SUPP. 7 S.C.R. 81
- Case number
- WRIT PETITION (CRIMINAL) No. 284-285/2005
- Decided
- 11 October 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 54, 302, 109; CrPC Section 432to435; Constitution Article 72, 161
Headnote
B Constitution of India, 1950; Articles 72 and 161: Grant of pardon by President/Governor-Judicial Review-Scope of­ Held: Limited judicial review of the exercise/non-exercise of pardon power C by the President/Governor available in certain cases-Pardoning power could be exercised as an act of absence of reasons- The Government could rescind or cancel the pardon when it come to know that it has been obtained by fraud/patent/misrepresentation/manifest mistake- D Jn the facts and circumstances of the case, it is clear that irrelevant and extraneous material entered into the decision
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