Back
S. M. SUBRAMANIAM, V. SIVAGNANAM
K. Jayanthi – Appellant
Versus
State Represented by its, The Secretary to the Government of Tamil Nadu, Home (Prison-IV) Department – Respondent
ORDER :
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 pertaining to the impugned order G.O.(D).No.542, order dated 30.04.2024, issued by the 2nd respondent and to quash the same and consecutively direct the respondents to release the detenue, Karunakaran, S/o.Swaminathan, aged about 67 years, bearing Convict No.98913, now confined at Central Prison, Trichy, prematurely as per the G.O.(Ms).No.488, dated 15.11.2021.
Under assail is the order of the Government issued in G.O.(D).No.542, Home (Prison-IV) Department dated 30.04.2024.
2. The petitioner is the wife of the convict prisoner Mr.Karunakaran, S/o.Swaminathan, aged about 67 years, bearing Convict No.98913, now confined at Central Prison, Trichy. It is not in dispute that the prisoner is in actual imprisonment for the past about 14 years. He was convicted to undergo life sentence. The petitioner submitted an application seeking premature release of the convict prisoner under the scheme formulated by the Government in G.O.Ms.No.488, Home (Prison-IV) Department dated 15.11.2021. The said application was
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 judicial review is permissible if the Governor's decision lacks application of mind.
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 dissenting opinion on premature release is not binding if it contradicts the State Cabinet's recommendations under Article 161 of the Constitution.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
