K. M. NANAVATI versus THE STATE OF BOMBAY

K. M. NANAVATI versus THE STATE OF BOMBAY

The Governor's order suspending the sentence operates only until the matter becomes sub-judice in the Supreme Court upon filing of the special leave petition; from that point, the Supreme Court, being in seisin, will decide whether Order XXI, Rule 5 should apply or exemption be granted. Article 161 of the Constitution does not extend to suspension of sentence during the pendency of proceedings before the Supreme Court; both the Governor and the Court exercise unfettered powers in their respective domains, and harmony requires that executive powers do not impinge on judicial powers when an appeal is before the Supreme Court.

Parties
Petitioner: K. M. Nanavati; Respondent: State of Bombay
Jurisdiction
India
Judgment Date
05 September 1960
Procedural Posture
Criminal Miscellaneous Petition / Application for Exemption From Compliance With Rule 5 of Order Xxi, Supreme Court Rules, 1950 During the Pendency of a Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Governor's Clemency Powers, Suspension of Sentence, Interaction of Executive and Judicial Powers, Supreme Court Rules Compliance
Constitutional Law Criminal Law Governor's Clemency Powers Suspension of Sentence Interaction of Executive and Judicial Powers Supreme Court Rules Compliance

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Parties

K. M. Nanavati

Petitioner

State of Bombay

Respondent

Procedural Posture

Criminal Miscellaneous Petition / Application for Exemption From Compliance With Rule 5 of Order Xxi, Supreme Court Rules, 1950 During the Pendency of a Special Leave Petition

Legal Issues

  1. 1 Whether the Governor's suspension of sentence during the pendency of appeal in the Supreme Court is constitutionally valid
  2. 2 Whether the Governor's power under Article 161 overlaps or conflicts with, or is subject to, the Supreme Court's power under Article 142
  3. 3 Whether the petitioner needs to surrender to his sentence under Order XXI, Rule 5, Supreme Court Rules in view of the Governor's order

Ratio Decidendi

The Governor's order suspending the sentence operates only until the matter becomes sub-judice in the Supreme Court upon filing of the special leave petition; from that point, the Supreme Court, being in seisin, will decide whether Order XXI, Rule 5 should apply or exemption be granted. Article 161 of the Constitution does not extend to suspension of sentence during the pendency of proceedings before the Supreme Court; both the Governor and the Court exercise unfettered powers in their respective domains, and harmony requires that executive powers do not impinge on judicial powers when an appeal is before the Supreme Court.

Court Disposition

Petition dismissed

Orders

  • Petition for exemption from compliance with Rule 5 of Order XXI, Supreme Court Rules, dismissed by majority judgment.