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december 1955

Supreme Court of India · 1955-12-01

THAIVALAPPIL KUNJUVARU VAREED vs THE STATE OF TRAVANCORE-COCHIN.

Citation / case number
SC 1955/138
Court
Supreme Court of India
Petitioner
THAIVALAPPIL KUNJUVARU VAREED
Respondent
THE STATE OF TRAVANCORE-COCHIN.
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that the prerogative right of pardon vested in the Maharaja of Cochin, as affirmed by Article XXI of the Covenant dated 29th May 1949, was superseded and abrogated due to the accession and integration of Travancore-Cochin with the Dominion of India. The Court determined that the continuance of such prerogative was inconsistent with Articles 72, 161, and 238 of the Constitution of India. Consequently, the appellant's reliance on the Maharaja's power of pardon was rejected, affirming the death sentence previously confirmed by the High Court.

THAIVALAPPIL KUNJUVARU VAREED vs THE STATE OF TRAVANCORE-COCHIN. · Niyam