SWARAN SINGH vs STATE OF U.P. .

The Supreme Court held that the decision of the Governor under Article 161 of the Constitution regarding remission of sentence is justiciable when it is based on improper considerations. The Court found that the Governor's decision to grant remission to Doodh Nath, convicted under Sections 302, 148, and 149 IPC, was flawed as it did not take into account his pending criminal cases and the earlier rejection of his clemency petition. Consequently, the Court quashed the Governor's order and restored the life sentence of Doodh Nath.