Pawan Lal vs State Of Uttarakhand & Others

Manoj k. Tiwari, J

By means of this writ petition, petitioner has sought following reliefs:-

(i) Set aside/quash the order dated 16.05.2018 passed by Hon’ble Governor, State of Uttarakhand qua petitioner.

(ii) Direct the State Government to re-consider the recommendation for premature release of the petitioner sent by the committee exercising the

pardoning power under Article 161 of constitution of india through Hon’ble Governor.

As far as relief no. (i) is concerned, the same cannot be granted to the petitioner for the simple reason that under Article 161 of the Constitution, the

Governor of the State have the power of pardons, reprieves, respites or remissions of punishment etc., which cannot be interfered by this Court by

exercising power under Article 226 of the Constitution of India.

After arguing for a while, learned counsel for the petitioner confines his prayer and submits that the State Government may be directed to

reconsider petitioner’s application for mercy and sent his matter to His Excellency the Governor for his release.

Without going into the merit of the case, the writ petition is disposed of with a direction to the State Government to reconsider his case for

premature release and proceed further in accordance with law.