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2019 Supreme(UK) 337

SHARAD KUMAR SHARMA
Om Prakash @ Israel @ Raju @ Raju Das – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Yash S. Vijay, Adv., Shobhit Saharia, Adv., V.K. Kaparwan, Adv., Pratiroop Pandey, Adv.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. Before entering into the actual controversy which has been sought to be raised by the petitioner in the present writ petition, which is in the light of the amendment which has been brought into effect in the Juvenile Justice (Care and Protection of Children) Act,2015, (hereinafter to be referred as "the Act of 2015") and reference to it is for the purpose to derive the impact of it on the instant proceedings which has already culminated upto the stage contemplated under Articles 161 and 72(1)(c) of the Constitution of India, much prior in time than from the enforcements of the Act of 2015, whether it becomes relevant? After Article 161 which provides with the special executive powers to the Governor to grant pardon or to suspend, remit or conjoin a sentence in certain cases. Similarly, after culmination of proceedings under Article 72(1)(c) of the Constitution of India before the President of India, who exercises his executive powers to grant pardon etc. or suspend remit or commute a sentence, over and above the determination made after the Courts of law have concluded its proceedings of conviction.

2. This issue, it has been settled in Joy's case

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