एपुरू सुधाकर बनाम आंध्र प्रदेश सरकार
| Citation | 2006 AIR (SC) 3385, (2006) 8 SCC 161 |
| Court | Supreme Court of India |
| Date | 11 October 2006 |
| Year | 2006 |
| Bench | Arijit Pasayat, S.H. Kapadia JJ. |
| Acts/Articles | Article 72, Article 161, Article 32 |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Presidential/Governor's pardon power is not immune from judicial review. Pardon can be cancelled if obtained by fraud, misrepresentation, or non-application of mind.
The petitioner’s father was murdered. The convicted murderer (Respondent No. 2) was granted remission of about 7 years of unexpired imprisonment by the Governor. The petitioner challenged the pardon.
The Supreme Court held that the pardon/remission power under Articles 72 and 161 is subject to judicial review. The Court can examine whether the power was exercised on relevant material, without extraneous considerations, and not vitiated by mala fides.
This judgment established that no power is above judicial scrutiny — even the mercy/pardon power of the President and Governor can be reviewed by courts if exercised arbitrarily or on extraneous considerations.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.