Supreme Court · 1998 INSC 133 · Decided 5 March 1998

Swaran Singh v. State of U.P. and ORS.

Court
Supreme Court of India
Citation
1998 INSC 133 · [1998] 2 S.C.R. 206
Case number
CIVIL APPEAL No. 5962/1994
Decided
5 March 1998
Bench
M.M. PUNCHHI, K.T. THOMAS, M. SRINIVASAN (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 161

Headnote

Constitution of India, 1950: Article 161-Power of Governor to grant remission of punishment-Conviction for murder-Accused sentenced to c imprisonment for life-Remission petition to Governor-Concealment of material facts-Remission granted-Held, Governor not posted with material facts-Deprived of petition to be considered afresh. Judicial review-Orders passed by Governor under Article of 161 of D the Constitution of India-Held, is subject to judicial review if the powers are exercised arbitrarily mala fide or in absolute disregard to Constitutionalism. The third respondent an M.

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