1915 JTR(SC) 13
1915 AIR(PC) 29 ; 1915 19 CWN 674 ; 1915 2 LW 602
Privy Council
Ameer Ali, Sir George Farwell , Atkinson, Lords Dunedin , Justice Viscount Haldane, JJ.
Balmukund and others -Appellant
Versus
King-Emperor -Resopndent
Decided On : 03-03-1915
The court ruled that it is not a Court of Criminal Appeal and lacks jurisdiction to stay a death sentence, as the prerogative of pardon is an executive function and outside the judicial province.
(A) Criminal Law - Special leave to appeal - Stay of execution of death sentence - The Board is not a Court of Criminal Appeal - Tendering of advice as to the exercise of the Prerogative of pardon is a matter for the Executive Government and is outside the province of the court - Court cannot interfere with the execution of a death sentence or express an opinion on whether the sentence ought to be suspended.
Facts of the case:
A petition for special leave to appeal was filed, accompanied by a request to stay the execution of a death sentence.
Findings of Court:
The court is unable to advise on the petition for special leave to appeal at this stage and cannot interfere with the execution of the sentence.
Issues: Whether the court has the jurisdiction to stay the execution of a death sentence or advise on the prerogative of pardon.
Ratio Decidendi: The court held that it is not a Court of Criminal Appeal and that the exercise of the prerogative of pardon is an executive function, placing it outside the judicial province of the court.
Result: No order made.
Facts of the case:
A petition for special leave to appeal was filed, accompanied by a request to stay the execution of a death sentence.
Findings of Court:
The court is unable to advise on the petition for special leave to appeal at this stage and cannot interfere with the execution of the sentence.
Issues: Whether the court has the jurisdiction to stay the execution of a death sentence or advise on the prerogative of pardon.
Ratio Decidendi: The court held that it is not a Court of Criminal Appeal and that the exercise of the prerogative of pardon is an executive function, placing it outside the judicial province of the court.
Result: No order made.
India Office., Grown, Nevill, Rogers , Barrow, Crown, Dunne, Dube, Robert Finlay
Viscount Haldane:-
Their Lordships are unable to advise His Majesty to make any order on the petition for special leave to appeal at this stage.
With regard to staying execution of the sentence of death, their Lordships are unable to interfere. As they have often said, this Board is not a Court of Criminal Appeal. The tendering of advice to His Majesty as to the exercise of His Prerogative of pardon is a matter for the Executive Government, and is outside their Lordships' province. It is, of course, open to the petitioner's advisers to notify the Government of India that an appeal to this Board is pending. The Government of India will no doubt give due weight to the fact, and consider the circumstances. But their Lordships do not think it right to express any opinion as to whether the sentence ought to be suspended.
No order made.
Order accordingly.