EXCELLENT AND HISTORIC DECISION OF THE HON’BLE JUDGES L.NAGESWARA RAO, B.R.GAVAI AND A.S.BOPANNA 1. The Hon’ble Supreme Court has categorically held that it is the executive power of the State that extends with respect to Section 302 of I.P.C., assuming that the subject matter of Section 302

[5/19, 06:36] Sekarreporter: https://twitter.com/sekarreporter1/status/1527092589270159365?t=FdM24aAI9TLUUn3WvsLbxw&s=08
[5/19, 06:36] Sekarreporter: [5/18, 21:30] Sekarreporter: EXCELLENT AND HISTORIC DECISION OF THE HON’BLE JUDGES L.NAGESWARA RAO, B.R.GAVAI AND A.S.BOPANNA

1. The Hon’ble Supreme Court has categorically held that it is the executive power of the State that extends with respect to Section 302 of I.P.C., assuming that the subject matter of Section 302 of I.P.C. is covered by Entry I of List III as no express executive power has been conferred on the Centre, either under the Constitution or Law made by the Parliament in relation to Section 302 of I.P.C.
2. It is further held that the advice of the State cabinet to release A.G.Perarivalan is binding on the Governor in the exercise of his Powers under Section 161 of the Constitution.
3. Non exercise of the Power under Article 161 or inexplicable delay in exercise of such power is subject to judicial review by the Court, especially when the State Cabinet has taken a decision to release the Prisoner and made recommendations to the Governor to this effect.
4. The Reference and the recommendation of the Tamil Nadu Cabinet by the Governor to the President of India, two and- a half years after such recommendation had been made is without any constitutional backing and is inimical to the scheme of our
.2.
Constitution, whereby “the Governor is but a shorthand expression for the State Government” as observed by this Court”, in the Case of Maru Ram vs. Union of India.
5. Taking into account of the Appellants prolonged period incarceration(32 Years), his satisfactory conduct in jail, chronic ailment, his educational qualifications acquired during incarceration and the pendency of his Petition Under Article 161 for two and- a half years, after recommendation of the State Cabinet, the Hon’ble Supreme Court in exercise of its power under Article 142 of the Constitution, held that the appellant is deemed to have served the sentence in connection with Crime No.329 of 1991 and he is set at liberty forthwith.
6. In the decision, the Hon’ble Supreme Court has invoked its extra-ordinary Power/Jurisdiction to do complete justice and to eradicate injustice. It is definitely an eye-opener to the entire Judiciary as well as to the executives in India.
[5/19, 06:33] Sekarreporter: 🌹

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