REMDEO CHAUHAN @ RAJNATH CHAUHAN versus BANI KANT DAS AND ORS.

REMDEO CHAUHAN @ RAJNATH CHAUHAN versus BANI KANT DAS AND ORS.

NHRC acted within jurisdiction in making recommendations; Governor’s commutation order was not vitiated and was based on detailed consideration of relevant materials, not solely on NHRC’s recommendation; judicial review of clemency power is limited and the order was not perverse or arbitrary; review petition allowed, Governor’s order of commutation restored.

Parties
Petitioner: Remdeo Chauhan @ Rajnath Chauhan; Respondent: Bani Kant Das and Ors.
Jurisdiction
India
Judgment Date
19 November 2010
Procedural Posture
Review Petition (c) No. 1378 of 2009 in Writ Petition (c) No. 457 of 2005 / Supreme Court Review Decision
Outcome
Review petition allowed. Supreme Court’s earlier judgment quashing the Governor’s commutation order is set aside; Governor’s commutation of death sentence to life imprisonment restored; NHRC’s jurisdiction affirmed.
Legal Topics
Scope of Review Under Article 137 and Supreme Court Rules, Governor's Power Under Article 161, Jurisdiction and Functions of NHRC, Commutation of Death Sentence, Scope of Judicial Review of Mercy Petition, Juvenile Justice
Constitutional Law Criminal Law Human Rights Scope of Review Under Article 137 and Supreme Court Rules Governor's Power Under Article 161 Jurisdiction and Functions of NHRC Commutation of Death Sentence Scope of Judicial Review of Mercy Petition +1 more

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Parties

Remdeo Chauhan @ Rajnath Chauhan

Petitioner

Bani Kant Das and Ors.

Respondent

Procedural Posture

Review Petition (c) No. 1378 of 2009 in Writ Petition (c) No. 457 of 2005 / Supreme Court Review Decision

Legal Issues

  1. 1 Whether NHRC had jurisdiction to make recommendations in the case.
  2. 2 Whether non-disclosure of reasons vitiates the order of the Governor under Article 161 of the Constitution.
  3. 3 Scope of judicial review in respect of exercise of power by the Governor under Article 161 or President under Article 72.

Ratio Decidendi

NHRC acted within jurisdiction in making recommendations; Governor’s commutation order was not vitiated and was based on detailed consideration of relevant materials, not solely on NHRC’s recommendation; judicial review of clemency power is limited and the order was not perverse or arbitrary; review petition allowed, Governor’s order of commutation restored.

Court Disposition

Review petition allowed. Supreme Court’s earlier judgment quashing the Governor’s commutation order is set aside; Governor’s commutation of death sentence to life imprisonment restored; NHRC’s jurisdiction affirmed.

Orders

  • Judgment dated 8.5.2009 on Article 32 petition is set aside.
  • Order of Governor dated 28.1.2002 under Article 161 is restored; death sentence commuted to life imprisonment.