Balmukand Vs. the King Emperor - Court Judgment
|Judge||Viscount Haldane L.C., ;Dunedin, ;Atkinson, ;George Farwell and ;Ameer Ali, JJ.|
|Respondent||The King Emperor|
.....unable to make any order on an application to stay execution of a sentence of death while an appeal to the board was pending, the executive government, if notified would no doubt give due weight to the fact that such an appeal was pending, and consider the circumstances, but the board would express no opinion as to whether the sentence ought to be suspended. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi..........board is pending. the government of india will no doubt give due weight to the fact, and consider the circumstances. but their lordships do not think it right to express any opinion as to whether the sentence ought to be.....
Viscount Haldane L.C., J.
1. Their Lordships are unable to advise. His Majesty to make any order on the petition for special leave to appeal at this stage.
2. With regard to staying execution of the sentence of death, their Lordships are unable to interfere. As they have often said, this Board is not a Court of Criminal Appeal. The tendering of advice to His Majesty as to the exercise of His prerogative of pardon is a matter for the Executive Government, and is outside their Lordships' province. It is, of course, open to the petitioners' advisers to notify the Government of India that an appeal to this Board is pending. The Government of India will no doubt give due weight to the fact, and consider the circumstances. But their Lordships do not think it right to express any opinion as to whether the sentence ought to be suspended.