Hang Guru, if that helps

That is in connection with another case, btw.

From www.asianage.com

?Mercy power of President subject to review? 10/12/2006 12:08:31 AM
- By Faraz Ahmad


New Delhi, Oct. 11: A two-judge Supreme Court bench of Justice Ajit Parsayat and Justice S.H. Kapadia held in separate concurring judgments on Wednesday that the powers of the President and governor to pardon a convict, or to reduce the sentence imposed, are subject to judicial review if there is an extraneous consideration in the exercise of that power.

The Supreme Court said this while quashing the decision of the then Andhra Pradesh governor, Mr Sushil Kumar Shinde, to remit the sentence of Gowru Venkat Reddy, a Congress activist whose wife Gowru Charitha Reddy is the sitting party MLA from Nandiputkur in Kurnool district.

The judgment per se has far reaching implications in the light of a petition pending before President A.P.J. Abdul Kalam seeking a pardon for Mohammad Afzal Guru, sentenced to death in the Parliament attack case, and the BJP opposing any attempt to condone the death sentence.

While setting aside the government order (G.O.) remitting the sentence of Gowru Venkat Reddy, the court held that the reports submitted by the district magistrate, superintendent of police and the district probation officer contain irrelevant and extraneous material and that the said extraneous and irrelevant material have entered into the decision-making process.

Therefore, while setting aside the G.O., the court held that the governor may reconsider the representation of Ms Gouru Charitha Reddy, dated October 10, 2004, seeking a pardon/remission, treating the same as pending, and to decide afresh in accordance with the law, if necessary by calling for any other or further material/documents from the authorities.

The Supreme Court has held that the powers of the President and governor under Article 72 and 161 of the Constitution are royal, hence it cannot lay down any guidelines for the exercise of the same. However, it is subject to judicial review, albeit limited.

The judgment also said that while remitting sentences the President and governor have to keep in mind the effect of such a pardon on the family of the victim. Gowru Venkat Reddy was sentenced to life imprisonment by the trial court, a sentence confirmed by the Andhra Pradesh high court. The Supreme Court, while upholding Reddy?s conviction, had reduced the sentence to 10 years? rigorous imprisonment.

In her petition, Ms Charitha Reddy had pleaded that he had already served three-and-a-half years, and if remittance on good behaviour were included, that would work out to serving five years.

The relatives of the victims, Epuru Sudhakar and the sons of the deceased, approached the Supreme Court against the governor?s decision. The Supreme Court held: ``Undue considerations of caste, religion and political loyalty are prohibited from being grounds for grant of clemency.`` It added: ``Clemency is not only for the benefit of the court. The President and governor have to keep in mind its effect on the family of the victim and society as a whole.`` The court observed that the exercise of executive clemency is not a privilege, but based on several principles, and that discretion has to be exercised in public consideration alone. ``This is an enumerated power,`` the court said, adding, ``The power to grant pardon is a prerogative power and not an act of grace.``

Observing that exclusive cognisance may not apply if the exercise was in derogation of the constitutional provision, the court said, ``It eliminates conviction without addressing the guilt.``

The Supreme Court has ruled that a pardon can be reviewed by the court and voided if found to be based on religious or political grounds.

Looks like the b@stard will hang.

#201 by zeemax

[Yes I said that. But did you have a question about it? Sorry if I missed it. What was it?]


No.

In your post that O quoted in #200, you supported Aslam`s position on Kashmir.

So when I posted an argument against it, both you and Aslam were silent.

That`s why I said:

[...when they have no arguments to offer, they shut up, and come back later to mouth the same arguments.]

That`s all.

#200 by krishna_abcd

Yes I said that. But did you have a question about it? Sorry if I missed it. What was it?

#199 by zeemax

[Huh? (Head scratching icon) ... which of your arguments I didn`t answer? ]


How about this post:

[#148 by aslam644

Aslam, this is excellent line of thought, and a principled one. If Britain (you gave the example of Jersey) can negotiate with even the most lethal of them all i.e. IRA because of their widespread support in Northern Ireland, and give them what they wanted, what`s wrong with India? And, BTW, IRA has still not disarmed ... just in case ... you know .. ``Trust but verify`` as that old SOB the 3rd rate actor now pushing up daisies said.

But of-course, if macacaland gives up the Kashmir valley, it will disintegrate. So be it. It`ll be good riddance. It is inevitable.]

#197 by krishna_abcd

...liars and cowards like Zeemax..is that when they have no arguments...they shut up

Huh? (Head scratching icon) ... which of your arguments I didn`t answer? Of-course I ignore stereo-typed moronic statements but a genuine question .. I always answer!

Please repeat your asking ~ ...

VRV #195
Thanks.

#190 by myself

The interesting thing about abject liars and cowards like Zeemax, Aslam etc. is that when they have no arguments to offer, they shut up, and come back later to mouth the same arguments.

No self respect.

[#185] From Washington Post article pasted in this:

...White House spokesman Tony Snow said the president, like his predecessors, ``lies awake nights asking himself the question: How can I get this done and get our people home?`` ...

My question: How can Mr. Snow know that Bush lies awake nights asking himself blah blah ..., unless next day morning he speaks on this to Mr. Snow or somebody? As per the article Bush does not do that. Bush does not speak, discuss, show etc his private feelings. I dont know why such articles are accepted for publication in papers like Washington Post? What exactly WP is trying to prove? That their readers are all chutiyas? If there ever was a war which was ``engineered`` it was this Iraq war. Why sensible people have to delude themselves into believing otherwise?

Re: # 174

Sadna,

That was an enlightening post :-)

Btw, some guys just cant stand ur analytical prowess, I think. They keep hitting u below the belt. Many a time I had thought of coming to ur rescue but after seeing ur fight-back, U R another Jhansi ki Rani, need no backup. (Either inlelluctual field or battlefield u dont need backup).

I guess Yasser wud start a thread calling me ur cheer leader. Just wait.

Re: # 192

I would prefer these Kashmiri Islamists hanged quickly ........All the mullahs must see this and know that they have gallows of the Indian secular state waiting for expediting their marriage to the black eyed ones....................

#189
The irony is that Afzal Guru did what he did primarily because he wants to be part of Pakistan.

Instead of hanging Afzal in Tihar jail at 6 am, he should be hanged at Lal Chowk in Srinagar at 12 noon.

There should be a couple of MI-17 helicopter gunships circling overhead so if the muthafu@$ing Kashmiris have any ideas about rushing the gallows and freeing Afzal, we take a couple of hundred of them along with Afzal.

#183 moronic_macaca in response to zeemax #170:

[...You mean these are Syrian jews/palestinian jews etc .. not European jews! ....Source please ...]

says:

....the following link that tells u that sephardic jews are a majority in Israel.
http://www.jewfaq.org/ashkseph.htm

Hmmm ... hell of an authentic source in JewFaq.org titled `Judaism 101`, but anyway it says:

``Sephardic Jews are often subdivided into Sephardim (from Spain and Portugal) and Mizrachim (from the Northern Africa and the Middle East) ... In Israel, a little more than half of all Jews are Mizrachim``.

Remove Spanish and Portuguese and you`re left with Mizrachim, who total 2.0 million out of total Israeli May 2006 est. of over 7.0 million.

Majority? Even with this malicious description which includes `Middle-Eastern Jews` within `Sephardic`?

However, at the same time Wikipedia says:

A Sephardi is a Jew originating in the Iberian Peninsula (Spain and Portugal) , including the descendants of those subject to expulsion from Spain by order of the Catholic Monarchs Ferdinand and Isabella (as codified in the Alhambra decree of 1492), or from Portugal by order of King Manuel I in 1497.

So what our friend the macaca is doing is to count all those jews kicked out of Spain and Portugal as `Arabs` after end of their `freedom & liberty` after Muslim rule . But even then, this `majority` contention is simply moronic. But nice try.

Happy googling macaca. You might find another jewfaq.org to argue further.

#148 by aslam644

[I am not suggesting that if five guys in a mosque in Bombay decide they don`t want to be Indian then India should be divided. What I am suggesting is that if a distinct region wishes to secede then it should be allowed to. If Kashmir, or Nagaland do not wish to be a part of India, why do you wish to force them to be? This is the impulse of a fascist state, not a democratic one. A democracy exists to serve its people, not to subjugate them. It seems to me that you do not believe in principles, but in some kind of nationalist myth. That is the seed from which war and suffering grow. ]


It seems that the standard Jehadi/Paki propaganda has seeped deep inside your brain.

Okay. Let me try one more time.

Kashmir and Nagaland are DIFFERENT issues. Do not try to obfuscate.

IF THE MAJORITY POPULATION IN KASHMIR WANT TO BE AN INDEPENDENT STATE, THAT IS INDEED A LEGITIMATE DEMAND.

BUT HERE`S THE EXCEPTION TO THIS RULE:

UNLESS - IF THE MAJORITY POPULATION BELONGS TO ONE RELIGION ONLY, OR ONE ETHNICITY ONLY etc.

This is the same reason why Kashmir and Nagaland are two different problems.

DO YOU UNDERSTAND THIS?

Let me know.

If the president of India can meet the family of a man on death row -- for a crime that he participated -- why can`t the President of Pakistan meet with the family of Btirtidh kid Mirza Tahir Hussain to commute his death sentence -- Guru was not innocent -- Mirza Tahir Hussain is..

....why Mushrraf will not even meet with the British family......this is the difference between an educated learned president and an uneducated self promoter...