1.         Constitution of India, Art.  72,  Article 161  - Right to file mercy petitions to the Governor of the State as well as to the President of India  - These remedies are also of substance and not mere formalities - Power to pardon is a part of the constitutional scheme which has been reposed by the people through the Constitution in the Head of the State, and enjoys high status - In exercise of their powers, the President or the Governor, as the case may be, may examine the evidence afresh and this exercise of power is clearly independent of the judiciary - It is clarified that while exercising such a power, the Executive is not sitting as a Court of Appeal - Rather power to grant remission of sentence is an act of grace, humanity in appropriate cases, i.e. distinct, absolute and unfettered in nature - This is again a constitutional remedy provided to the convicts of death sentence and they have a right to avail this remedy which cannot be snatched by executing the death sentence before even giving such convicts a chance or opportunity to avail the same - For this purpose, State has to wait for reasonable period, even after such convicts fail in the review petition, if they so file. (2016)3 PLRSC 692

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