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P. N. PRAKASH, A. A. NAKKIRAN
P. Jaithoon – Appellant
Versus
State rep. by its the Secretary to Government of Tamil Nadu, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order G.O.(D).No.727 Home (Prison-IV) Department, dated 04.07.2019, passed by the 1st respondent dated 04.07.2019 and to quash the same and consecutively direct the respondents to release the detenu viz., Yasudeen, S/o.Badhrudeen, aged about 42 years, convict No.3287, prematurely, confined at Central Prison, Coimbatore, as per the G.O.(Ms) No.1155 Home (Pri.IV) Department, dated 11.09.2008 and G.O.(Ms) No.64 Home (Prison-IV) Department, dated 01.02.2018.)
P.N. Prakash, J.
1. Challenging the order in G.O.(D).No.727 Home (Prison-IV) Department, dated 04.07.2019 (for brevity “the impugned order) passed by the 1st respondent, refusing to grant premature release of Yasudeen (life convict No.3287) under G.O.(Ms) No.1155Home (Pri.IV) Department, dated 11.09.2008 (for brevity “G.O.1155”) and G.O.Ms.No.64 Home (Prison-IV) Department, dated 01.02.2018 (for brevity “G.O.64”) and for a direction to release the said Yasudeen prematurely, his mother Jaithoon has filed the instant writ petition.
2. The facts
The Governor's discretion under Article 161 is bound by the State Government's advice regarding remission, and reasons for dissent must be valid and substantiated.
Point of Law : Court has the power to review the decision of the government regarding the acceptance or rejection of an application for remission under Section 432 of the Cr.P.C. to determine whether....
The Governor's dissenting opinion on premature release is not binding if it contradicts the State Cabinet's recommendations under Article 161 of the Constitution.
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
The advice of the State Cabinet is binding on the Governor regarding premature release under Article 161, and such decisions are subject to judicial review.
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