"Ruleof law is the basis of all evaluation of all decisions. The supremequality of the Rule of law is fairness and legal certainty. Theprinciple of legality occupies a central plan in rule of law...Thatrule cannot be compromised on the grounds of political expediency," thejudge said.
"The power of executive clemency is not only forthe benefit of the convict, but while exercising such a power, thePresident or the Governor, as the case may be, has to keep in mind theeffect of his decision on the family of the victims, the society as awhole and the precedent it sets for the future," Justice Kapadia said.
Holdingthat the power to grant pardon was "not an act of grace," the courtsaid it was an enumerated and prerogative power in the Constitutionitself.