<p>The Supreme Court on Tuesday said the Governor's power to grant remission, reprieve and pardon to a convict is not restricted by a statutory provision, though the sovereign act is performed in aid and advice of the state government.</p>.<p>A bench of Justices Hemant Gupta and A S Bopanna said under Section 433 A of the Criminal Procedure Code, the power of the state government to suspend the sentence of life imprisonment in an offence entailing death penalty as the maximum sentence, has been restricted. The provision stated that such a person should not be released from prison unless he has served at least 14 years of imprisonment.</p>.<p>On the other hand, the power conferred on the Governor under Article 161 of the Constitution, though exercised on the aid and advice of the State, is without any restriction of the actual period of imprisonment undergone by the prisoner, the top court noted.</p>.<p>"Thus, if a prisoner has undergone more than 14 years of actual imprisonment, the state government, as an appropriate government, is competent to pass an order of premature release, but if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has a power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person de hors (without) the restrictions imposed under Section 433-A of the Constitution," the bench said. </p>.<p>The court explained the legal position while setting aside a single judge order of the Punjab and Haryana High Court which directed the Haryana government to consider the feasibility of drafting a fresh policy to grant remission in respect of power of the Governor given under the Constitution.</p>.<p>The High Court also directed the state government to strictly adhere to the restrictions given under Section 433 A of the Criminal Procedure Code.</p>.<p>The top court's bench, however, said, "we find that the directions issued by the High Court are not sustainable for the reason that the policies have to be read keeping in view the period of imprisonment undergone by a prisoner."</p>.<p>The court reiterated the power of remission is to be exercised by the state government, if the prisoner has undergone 14 years of actual imprisonment in the cases falling within the scope of Section 433-A of the CrPC and in case the imprisonment is less than 14 years, the power of premature release can be exercised by the Governor though on the aid and advice of the state government.</p>
<p>The Supreme Court on Tuesday said the Governor's power to grant remission, reprieve and pardon to a convict is not restricted by a statutory provision, though the sovereign act is performed in aid and advice of the state government.</p>.<p>A bench of Justices Hemant Gupta and A S Bopanna said under Section 433 A of the Criminal Procedure Code, the power of the state government to suspend the sentence of life imprisonment in an offence entailing death penalty as the maximum sentence, has been restricted. The provision stated that such a person should not be released from prison unless he has served at least 14 years of imprisonment.</p>.<p>On the other hand, the power conferred on the Governor under Article 161 of the Constitution, though exercised on the aid and advice of the State, is without any restriction of the actual period of imprisonment undergone by the prisoner, the top court noted.</p>.<p>"Thus, if a prisoner has undergone more than 14 years of actual imprisonment, the state government, as an appropriate government, is competent to pass an order of premature release, but if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has a power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person de hors (without) the restrictions imposed under Section 433-A of the Constitution," the bench said. </p>.<p>The court explained the legal position while setting aside a single judge order of the Punjab and Haryana High Court which directed the Haryana government to consider the feasibility of drafting a fresh policy to grant remission in respect of power of the Governor given under the Constitution.</p>.<p>The High Court also directed the state government to strictly adhere to the restrictions given under Section 433 A of the Criminal Procedure Code.</p>.<p>The top court's bench, however, said, "we find that the directions issued by the High Court are not sustainable for the reason that the policies have to be read keeping in view the period of imprisonment undergone by a prisoner."</p>.<p>The court reiterated the power of remission is to be exercised by the state government, if the prisoner has undergone 14 years of actual imprisonment in the cases falling within the scope of Section 433-A of the CrPC and in case the imprisonment is less than 14 years, the power of premature release can be exercised by the Governor though on the aid and advice of the state government.</p>
