Guv has to abide by cabinet's decision in premature release of convicts: HC

HOLDING that the governor is bound to act as per the recommendations of the state cabinet under Article 161 of the Constitution in the case of premature release of prisoners, the Madras High Court has disapproved Governor R N Ravi's decision to reject the advice of the government to release a life convict.

- R SIVAKUMAR

The governor had rejected the premature release of the prisoner, who has been lodged in the prison for more than 20 years, citing the nature of the crime.

"The power of an appropriate government to issue general or special orders allowing remissions is traceable under Section 432 CrPC and the policies in question are statutory in nature. In the context of the above policy (on premature release), the power under Article 161 can be exercised by the state government, and not by the governor on his own. The advice of the appropriate government binds the Head of the State," said a division bench of Justices S M Subramaniam and V Sivagnanam in a recent order.