In this sensational case, Nanavati was a naval officer and was arrested on the charge of murder. In a trial by a jury, Nanavati was acquitted by a majority of 8:1. However, the High Court disagreed with this decision and convicted the naval officer under section 302 and sentenced him to imprisonment in a judgment dated March 11, 1996. On the same day, the Governor of Bombay suspended this sentence passed by the Bombay High Court until the appeal, if any, filed by him was disposed of by the Supreme Court. In the meanwhile, the naval officer was to be detained in naval jail custody. After elaborate arguments on the scope of Article 142 and Article 161, the majority held that judicial power under Article 142 and executive power under Article 161 can, within certain limits, be exercised in the same field.
Both these articles have to be harmoniously construed as one is not made subject to the other by specific words. Both Articles 142 and 161 contain no words of limitation. Rejecting the plea of Seervai, the majority held that the order of the Governor granting suspension of the sentence could only operate until the matter became sub-judice before the Supreme Court. Once the special leave petition was filed, it was the Supreme Court which has to decide whether to grant him bail or to pass further orders.
Source: Barandbench
