Supporters of Sanjay Dutt have started a campaign for pardon to the
film hero who has been found guilty under the Arms Act by the Supreme
Court also.Legal lumanaries,film stars,political leaders too have
joined the campaign seeking relief to Sanjay.
The film hero can be granted pardon under article 161 and 72 of the
Constitution.The Governor of Maharashtra(as the case relates to
Mumbai) can grant pardon to Sanjay exercising his discretionary
powers.
The power of granting pardon under Article 161 is very wide and does
not contain any limitation as to the time on which and the occasion on
which and the circumstances in which the said power could be
exercised.If the Governor is found to have exercised the power himself
without being advised by the government or if the Governor
transgresses the jurisdiction in exercising the same or if it is
established that the Governor has passed the order without application
of mind or the order is found mala fide or the Governor has passed the
order on some extraneous considerations,the court can interfere with
the execution of the order.
Justice Markenday Katju has written a petition to the Governor of
Maharashtra seeking pardon to Sanjay Dutt.The Governor will have to be
very careful in discharging the petition.The law does not limit the
mercy petition to be applied by the accused only,any one can seek
relief on his behalf.
The Governor in the instant case can be charged by certain sections of
the society to have acted on extraneous consideations-that the accused
is a celebrity,that the Governor is fan of Sanjay Dutt,that the
Governor is a regular viewer of his films..The Governor in the instant
case will have to act on the advice of the state cabinet also.The
advocate general will have to examine the petition and make it sure
the pardon will stand scrutiny of the Supreme Court.
Sanjay Dutt has taken a right decision by announcing he would not seek
pardon ,that he respected the law and would prefer to surrender before
the court in Mumbai and face the jail term prescribed by the court.It
appears he must have consulted the lawyers and does not want to cause
any harm to the credentials of the Governor or put the Congress
government to embarassment.His father was a Congress MP from
Mumbai,his sister is a Congress MP.The Governor can be charged with
acting on political considerations.The Governor was a minister in
Congress government in Kerala earlier.
Sanjay Dutt has taken a wise decision and it must be respected by
every law fearing citizen.Still, an option is left-he can file a
curative petition before the Apex Court seeking further relief in
conviction .
Chhaya Mishra,
Advocate,
film hero who has been found guilty under the Arms Act by the Supreme
Court also.Legal lumanaries,film stars,political leaders too have
joined the campaign seeking relief to Sanjay.
The film hero can be granted pardon under article 161 and 72 of the
Constitution.The Governor of Maharashtra(as the case relates to
Mumbai) can grant pardon to Sanjay exercising his discretionary
powers.
The power of granting pardon under Article 161 is very wide and does
not contain any limitation as to the time on which and the occasion on
which and the circumstances in which the said power could be
exercised.If the Governor is found to have exercised the power himself
without being advised by the government or if the Governor
transgresses the jurisdiction in exercising the same or if it is
established that the Governor has passed the order without application
of mind or the order is found mala fide or the Governor has passed the
order on some extraneous considerations,the court can interfere with
the execution of the order.
Justice Markenday Katju has written a petition to the Governor of
Maharashtra seeking pardon to Sanjay Dutt.The Governor will have to be
very careful in discharging the petition.The law does not limit the
mercy petition to be applied by the accused only,any one can seek
relief on his behalf.
The Governor in the instant case can be charged by certain sections of
the society to have acted on extraneous consideations-that the accused
is a celebrity,that the Governor is fan of Sanjay Dutt,that the
Governor is a regular viewer of his films..The Governor in the instant
case will have to act on the advice of the state cabinet also.The
advocate general will have to examine the petition and make it sure
the pardon will stand scrutiny of the Supreme Court.
Sanjay Dutt has taken a right decision by announcing he would not seek
pardon ,that he respected the law and would prefer to surrender before
the court in Mumbai and face the jail term prescribed by the court.It
appears he must have consulted the lawyers and does not want to cause
any harm to the credentials of the Governor or put the Congress
government to embarassment.His father was a Congress MP from
Mumbai,his sister is a Congress MP.The Governor can be charged with
acting on political considerations.The Governor was a minister in
Congress government in Kerala earlier.
Sanjay Dutt has taken a wise decision and it must be respected by
every law fearing citizen.Still, an option is left-he can file a
curative petition before the Apex Court seeking further relief in
conviction .
Chhaya Mishra,
Advocate,
