The convicted now jailed former Minister and Nuvem MLA Mickky Pacheco after having tried every possible stunt has now sought recourse of Article 161 of the Constitution of India which confers on the Governor the right to grant pardon to any person convicted. Mickky Pacheco on 1st June started undergoing his six month jail sentence for having in 2006 as a Minister slapped Electricity department Junior Engineer Kapil Natekar.
The nature and scope of the power of pardon and the extent of judicial review over such power has come up for consideration in a catena of cases and has now virtually crystallized into a rule of law. In Maru Ram & Ors. v. Union of India & Ors. Krishna Iyer J, speaking for the Constitution Bench, held that although the power under and 161 was very wide, it could not "run riot". His Lordship held that no legal power can run unruly like John Gilpin on the horse, but "must keep sensibly to a steady course". According to His Lordship, "all public power, including constitutional power, shall never be exercisable arbitrarily or mala fide and, ordinarily, guidelines for fair and equal execution are guarantors of the valid play of power." In Swaran Singh v. State of U.P. & Ors, a three-Judge Bench held that "this Court has no power to touch the order passed by the Governor under Article 161 of the Constitution. But if such power was exercised arbitrarily, malafide or in absolute disregard of the finer canons of the constitutionalism, the by-product order cannot get the approval of law and in such cases, the judicial hand must be stretched to it." Pardon is to help save an innocent person from being punished due to miscarriage of justice or in a case of doubtful conviction. The pardoning power is founded on consideration of public good and is to be exercised on the ground of public welfare. This power cannot be misused to deviously rescue the likes of Mickky Pacheco whose conviction by four Courts has been even upheld by the Supreme Court. Any attempt to grant Mickky Pacheco pardon would amount to making a mockery of the Judiciary and the justice delivery system. Ironically Mickky Pacheco who is involved in a string of criminal cases had all along vowed that he had full faith in the Judiciary, is now crying wolf that he did not get justice from the Courts. After having slapped and assaulted so many officials, Mickky Pacheco should infact thank his stars that he is facing punishment only for slapping Kapil Natekar. Mickky Pacheco’s conduct after the Supreme Court verdict on 30th March rejecting his appeal cannot be lost sight off. He absconded for two long months with tax payers’ money squandered on his alleged search. That he was evading arrest with the tacit support of the police and the government is no secret. His gross misconduct in jail after his surrender on 1st of June has left much to be desired from the unruly lawmaker. Two days after his surrender Mickky Pacheco sought his release on parole for a month feigning critical illness of his mother, when in actual fact, no such ‘critical’ ailment existed. Having now withdrawn that parole application the Nuvem MLA has opted to gamble his luck with an application for pardon. It is a dubious distinction achieved by Goa that for the first time an MLA is undergoing imprisonment on conviction. If Pacheco is indeed granted pardon, he would be the first such convict in Goa to be pardoned under Article 161 of the Constitution. This would then, naturally, open a Pandora’s Box by way of all other convicts who will, rightly, cite this precedent and demand that they, too, be pardoned. Does there exist even ONE single valid reason why Pacheco, a habitual, repeat offender be extended this benefit of pardon? Should the Government, by virtue of its brute majority, act high-handedly and arrogantly to shield Mickky Pacheco it would be the last lethal nail in their coffin. Their record of bad governance and corruption has already added up to a voluminous encyclopedia. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: airesrodrigu...@gmail.com Or airesrodrig...@yahoo.com You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires