HUMAN RIGHTS VIS-À-VIS INORDINATE DELAY IN DISPOSAL OF MERCY PETITION

ABSTRACT ON The clemency power is vested in the highest authority by way of prerogative. The power is exercised by the authority in its discretion. But the discretion is not absolute, but subject to certain restriction, and when the authority passes a clemency order arbitrarily without observing the restrictions, then the order passed by the authority will be set aside by the courts.Where the executive authority in exercise of the pardoning power has failed to apply its mind or did not applied its mind to the material placed before it, than the order passed by the President or as the case may be by the Governor would be quashed and set aside by the courts.Hence where the order is passed by the authority without application of mind to the material facts that the convicts had already undergone the imprisonment of 14 years, and passed the order rejecting to exercise of the power to remit their sentence that order will stand vitiated. Where the President or the Governor as the case may be while granting or refusing pardon grants or refuses it malafidely, then the order passed by the President or the Governor would be set aside by the court. The malafide exercise of the power would mean to the exceeding of the authority which is vested in it by the law and thereby would be ultravires, and hence in such a situation the court would strike down the order passed in the malafidely. In India it is fairly settled that th