K.K. SASIDHARAN, J.

Introductory :-

Whether the power of the Governor of a State under Article 161 of the Constitution of India to grant pardons, reprieves, respites, remissions of punishment or to suspend, remit or commute the sentence of any person convicted would extend to the matters with respect to which the Parliament alone has power to make laws and more particularly for the offence under the Explosive Substance Act, 1908, The Arms Act, 1959, The Passport Act, 1967, The Foreigners Act, 1946 and The Wireless Telegraphy Act, 1933, is the core issue that arises for consideration in this intra court appeal filed by Mrs. Nalini, who was convicted in the Rajiv Gandhi assassination case.

2. The other substantial issue relates to the jurisdiction of the High Court to take up the writ petition to direct the Governor to exercise the power under Article 161 of the Constitution of India, when a similar writ petition challenging the decision taken by the State to grant remission under Section 432 of the Code of Criminal Procedure is pending before the Hon'ble Supreme Court, to