CJI: According to you, S.197 CrPC, it is Governor's discretion?

Gopal: no, its a statutory discretion held in MP Police establishment, he acts independently. In Mama Devi Shrine board, similar held

J Narasimha: any judgment on A.163(2)?

Gopal: Nebia case- where court says its not the investment of discretion.

J Narasimha: Article 163(2) powers are only those crystallised and identified by specific provisions, empowering or declaring that therefore, there is scope of Governor to come to a conclusion that this is in his discretion and that is given finality, this is the purpose of Article 163(2). There is a process and his identification is finalised.

Gopal: I would respectfully ask for a contrary opinion. It is the context of A. 163(1), not standalone. This is what Nebia correctly interprets that A. 163(2) does not give source of power.