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During the hearing of a controversial matter, the Apex Court bench comprising of Justice M V Ramana and Justice Mohan M Shantanagoudar commented that such cases “shock the conscience of the Court” while dismissing the Special Leave Petition. The matter is of a murder convict Markendey or Ashok Sahi awarded life imprisonment under Sections 302/149, 147, 142, 148 and 379 of Indian Penal Code, held guilty for murder of four persons due to political rivalry. The UP Governor, Ram Naik, had remitted remaining sentence of the accused in the exercise of powers under Article 161 of the Constitution of India. To further clarify, the convict had only finished 8 years of imprisonment.
The Special Leave Petition dismissed by the Apex Court was filed against Allahabad High Court order which observed, “We are unable to comprehend what prompted the Hon’ble Governor to exercise indulgence in his favor despite him being a hard-core criminal which is reflected from the nature of offence he has committed?” The high Court had also observed that the order issued by the Governor does not reflect the application of mind and that the Governor has transgressed his jurisdiction in exercising the power while acting thus.
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