A person was sentenced to Death by a Sessions Court and it was also confirmed by the High Court. It was for an offence committed under a law within the State’s Executive Power. Can the Governor pardon the convicted person? Give reasons.

Facts of the Case

A person was convicted of a serious offence under a law falling within the executive power of the State. The Sessions Court awarded a death sentence, which was later confirmed by the High Court during appeal. After exhausting the judicial process, the convicted person submitted a petition to the Governor of the State seeking pardon or commutation of the death penalty under constitutional authority.

The question is whether the Governor has the power to pardon a person sentenced to death after confirmation of the sentence by the High Court.

Issues in the Case

1. Whether the Governor has the constitutional power to pardon or commute a death sentence?
2. Whether the confirmation of the death penalty by the High Court restricts the Governor’s power of pardon?
3. Whether the nature of the offence (State or Union subject) influences the exercise of pardoning power?

Legal Principles Covered

1. Article 161 of the Indian Constitution
   • The Governor has the power to grant pardons, reprieves, respites, or remission of punishment, and to suspend, remit, or commute sentences of any person convicted of an offence against any law relating to a matter to which the executive power of the State extends.
2. Article 72 of the Indian Constitution
   • The President has similar pardoning powers, especially in cases involving:
     • Court-martial,
     • Offences concerning laws under Union executive power,
     • All cases of death sentence.
3. Key Judicial Precedents
   • Kehar Singh v. Union of India (1989)
     • The power of pardon is executive in nature and distinct from judicial power.
   • Maru Ram v. Union of India (1980)
     • Pardoning powers under Articles 72 and 161 are subject to judicial review if exercised arbitrarily, but their existence is absolute and cannot be removed.
   • State of Punjab v. Joginder Singh (1990)
     • Even if the sentence is confirmed by the High Court, the Governor can still exercise power under Article 161 if the offence falls within the State’s executive domain.
4. Effect of Courts’ Confirmation of Sentence
   • Confirmation of death penalty by the High Court does not limit the Governor’s discretion to pardon or commute the sentence.
   • The pardoning power is independent of judicial findings.

Possible Judgment

Since the offence committed by the accused falls under the law relating to a matter within the executive power of the State, the Governor has full constitutional authority under Article 161 to pardon, commute, or remit the death sentence. The fact that the High Court has confirmed the death sentence does not curtail the Governor’s power, because the executive power to pardon exists independently of the judicial process.

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