SC: Governor Can't Pardon During Case Pendency in Court

Legal News India: The Supreme Court of India ruled that state governors cannot grant pardon to anyone accused in criminal cases while the case remains pending in the court. The decision was given by a bench consisting of Justice G S Singhvi and Justice A K Ganguly on an incident where the governor of Punjab granted pardon to three individuals booked for murder. When the governor granted pardon, the murder case was pending in the Punjab and Haryana High Court.

The SC, in its judgment, said “'it is well settled that to decide a criminal case is in the exclusive domain of the court and to decide whether an accused is innocent or guilty is an essential power of the Court.” Furthermore, the apex court said, “the power of a state governor to grant pardon/remission is an executive power and the power of a governor under article 161 of the constitution of India is totally independent and different from the powers of the court to decide the criminal case.”

Justice Ganguly further stated, “we cannot approve of the action of the governor in the instant order of the governor who has exceeded the permissible, constitutional powers.” “We are constrained to set aside the order of the governor and remand it back to the honourable governor to decide the same afresh in accordance with law”, he continued.

The three accused were acquitted of the murder charge by the HC on March 11, 2010.