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october 2006

Supreme Court of India · 2006-10-11

Epuru Sudhakar & Anr. vs Govt. of A.P. & Ors.

Citation / case number
SC 2005/100010
Court
Supreme Court of India
Petitioner
Epuru Sudhakar & Anr.
Respondent
Govt. of A.P. & Ors.
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the grant of remission under Article 161 of the Constitution of India was illegal as it was based on irrelevant materials and lacked proper application of mind by the Governor of Andhra Pradesh. The Court emphasized that the plea of political rivalry could not justify the remission of sentence for a convict previously found guilty under Section 304(1) read with Section 109 IPC. The Court quashed the order granting remission and directed the reinstatement of the original sentence.

Epuru Sudhakar & Anr. vs Govt. of A.P. & Ors. · Niyam