DGP Entertaining 'Mercy Petitions' Against Departmental Action Is Unconstitutional: Madras High Court
Live LawThe Madras High Court recently observed that the power to entertain mercy petition of any convicted person under any law to which the executive power of the State extends is only available to the Governor of the State. Thus, the office of the Director General of Police has no statutory power to entertain mercy petitions against orders passed in departmental action. Therefore, entertaining a mercy petition by the Office of the Director General of Police is in violation of the Indian Constitution and no such power has been conferred on any of the Authority, Justice SM Subramaniam observed. It cannot be in dispute that an Authority, who has no jurisdiction to entertain a review petition or mercy petition can be allowed to decide such petitions in violation of the Statutory Rules and in the event of allowing such Authorities to exceed their jurisdiction, it will result in colourable exercise of power leading to unconstitutionality.
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DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court
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