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Mar 21, 2011

Narayan Dutt & others Vs State of Punjab & another

it was held that governor can not decide the question of innocence of accused and it is the power of court.
Hon'ble Supreme Court also observed that in Satpal & Anr. v. State of Haryana & Ors. [AIR 2000 SC 1702], this Court held that the power of granting pardon under Article 161 was very wide and did not contain any limitation as to the time and occasion on which and the circumstances under which it was to be exercised. Since the power is a constitutional power, it is amenable to judicial review on the following grounds:
a.If the Governor had been found to have exercised the power himself without being advised by the government,
b.If the Governor transgressed his jurisdiction in exercising the said power,
c.If the Governor had passed the order without applying his mind,
d.The order of the Governor was mala fide, or
e.The order of the Governor was passed on some extraneous considerations.

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