Judgment

Thomas, J. -Shri Doodh Nath, third respondent in this appeal, was found guilty of murdering one Joginder Singh. He was convicted and sentenced to imprisonment for life along with some other persons who too were involved in the same offence. His appeal to the High Court and Special Leave Petition to this Court did not give any help to extricate himself from the penal clutches of the offence. But within a period of less than two years, he succeeded in escaping from prison as the Governor of Uttar Pradesh granted remission of the remaining long period of his life sentence. That step of the Constitutional function­ary was far beyond the tolerance capacity of the bereaved members of the family of deceased Joginder Singh and hence his son (the present appellant) moved the Allahabad High Court challenging the aforesaid action of the Governor. A division bench of the High Court, which heard his writ petition dismissed it on the premise that a decision of the Governor under Article 161 of the Constitution of India is not justiciable. That necessitated the appellant to reach this Court with this appeal by special leave.

2. Shri Doodh Nath was an M.L.A. of the U.P. Assembly when he was