President, governors must consider impact of clemency: SC

New Delhi, Oct 11 (UNI) In a judgement with wide ramification for the mercy petition of Parliament attack case convict Mohammad Afzal Guru facing death sentence, the Supreme Court today ruled that while granting pardon, the President or a Governor must take into consideration the impact of such clemency on the families of the victims also.

The Supreme Court said that though the power to grant remission or pardon is discretionary but a convict cannot be granted pardon on the consideration of religion, caste, or political loyalty as such considerations are irrelevant and frought with discrimination.

A bench comprising Justices Arijit Pasayat and S H Kapadia, while setting aside the order of pardon granted by the Governor of Andhra Pradesh to Gowru Venkata Reddy convicted in a murder case, said, ''Pardon obtained by fraud or granted by mistake will invite judicial review.'' The bench also ruled "rule of law is a basis for evaluation of all decisions. The supreme quality of the rule of law is fairness and legal certainty. The principal of legality occupies a central plan in the rule of law. Every prerogative has to be the subject to the rule of law. This rule cannot be compromised on the ground of political expediency. The ethos of 'government according to law ' require the prerogative to be exercised in a manner which is consistent with the basic principle of fairness and certainty.

There, the power of executive clemency is not only for the benefit of the convict but while exercising such a power the President or the Governor as the case may be, has to keep in mind the effect of his decision on the family of the victim, the society as a whole and the precedent it sets for the future." MORE UNI AKS/SC BDP PM1928