SC cannot exercise power of pardon vested with Prez, Guv

A Bench of justices Dipak Misra and Shiva Kirti Singh said Article 32 could only be invoked when there was violation of a fundamental right or in the “realm of public interest litigation”.

“The argument that when a pardon or remission can be given under Article 72 (by President) or 161 (by Governor) of the Constitution by the constitutional authority, this court can exercise the similar power under Article 32 of the Constitution, is absolutely based on an erroneous premise,” the Bench said. 

It added: “Article 32, as has been interpreted and stated by the Constitution Bench and well settled in law, can be only invoked when there is violation of any fundamental right or where the Court takes up certain grievance which falls in the realm of PIL.” 

The observation came on the pleas of some persons convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, who were seeking grant of remission of their 10- year sentence as the relief was not available to them under the New Punjab Jail Manual of 1996.