The president has to look into the following 4 reports before granting remission/ releasing the

person:-
1. Superintendent said conduct of the accused is good.
2. District collector The district collector failed to submit the report he did not
independently produce the report rather he submitted the same report of the
Superintendent of Police.
3. District probationary office- he submitted the report that since the accused parents are
dead and he only has old grandmother and to take care of her. So he pleaded to be let
out.
The above circumstances imply that there is a non-application of mind by governor
because all 3 were not given original verdict.
The circumstances said that he is a good congress worker the word good is taken
literally and it is considered as extraneous circumstances.
The governor failed to take note of the criminal conduct and he was convicted for
murdering three people was not brought to the eyes of governor is considered as not taking
as relevant fact
Also there arises a question whether the president should give reasons. According to Art
74(2) he/ she (the president) should not have any reason to state. Even though there is no
reason to be stated the buy the president the court will go for a judicial review and ask the
president on what materials he acquitted that particular person. In such judicial review the
presidents verdict will be questioned by the court since the court is not acting as a appellant
but as judicial body.
While deciding whether a person can be acquitted of charges whether the president has to
follow any guidelines
MARU RAM Vs. UOI (1981)
It was held in this case the president should have certain guidelines to use his power
under Art 72. But in the case of KEHAI SINGH VS. UOI (1989) it was held that there
should be no guidelines for the president to use his power under Art 72 because the power of
president is so wide and if there are guidelines then it will be like restricting the power of
president.
But again in ASHOK KUMAR V UOI it was held that there should be guidelines. At
present there are no guidelines. Because this decision was given by 3 Jurists only but in the
former case the decision was given by 5 Jurists. So at present no constitutional guidelines to
be followed by the president.
Suppose if the president has governor/ president has given a wrong verdict he can either
change it or withdraw it. Authority for this provision is given under Art. 432(3), 433, 433 A
of Crpc
432(3)-under this provision suppose if the president feels that he has given a wrong or
arbitrary order he can change the order
 Under the General Clause Act Sec 14,15 states that Any Person Can Withdraw The
Order
The following provisions provide authority to the president/ governor to withdraw or
change an order
Art 72/161The Constitution of India
Sec 432(2)..Crpc
Sec 14,15The General Clause Act.