S. M. SUBRAMANIAM, V. SIVAGNANAM
E. Kalaiyarasi – Appellant
Versus
State – Respondent
ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records in impugned order G.O.(D).No.290, dated 07.03.2024, passed by the 1st respondent and quash the same and directing the respondents to release the father of petitioner /convict namely Mr.Eswaran @ Mareeswaran @ Kaleeswaran S/o. Samuthira Nadar (CT No.34) who is confining at 3rd respondent herein.
Under assail is the order of rejection seeking premature release of the convict prisoner issued in G.O.(D).No.290, dated 30.04.2024.
2. The petitioner is the daughter of life convict prisoner Mr.Eswaran @ Mareeswaran @ Kaleeswaran S/o. Samuthira Nadar (CT No.34), who is confined at Central Prison, Palayamkottai. The prisoner was convicted under Section 302 in two counts and he was sentenced to undergo double life imprisonment and fine of Rs.1000 in default to undergo three years imprisonment. Criminal Appeal filed by the prisoner was dismissed. The prisoner is actually undergoing imprisonment for the past about 14 years.
Thus, the application was submitted seeking premature relea
State of Haryana and others vs. Raj Kumar @ Bittu
Epuru Sudhakar and Another vs. Government of Andhra Pradesh and other
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 advice of the State Cabinet is binding on the Governor regarding premature release under Article 161, and judicial review is permissible if the Governor's decision lacks application of mind.
The Governor's dissent on premature release is not binding on the State Cabinet's recommendation, which must adhere to statutory eligibility criteria.
The advice of the State Cabinet is binding on the Governor regarding premature release under Article 161, and judicial review is available for arbitrary decisions.
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.
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.
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.
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.
Governor is formal head and sole repository of executive power but is incapable of acting except on, and according to, advice of his Council of Ministers – Advice of State Cabinet is binding on Gover....
The Governor's formal authorization was required for release, despite the recommendation of the Council of Ministers, and the court did not have the power to direct release without the Governor's acc....
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