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S. M. SUBRAMANIAM, V. SIVAGNANAM
Saravanan – Appellant
Versus
Principal Secretary, Home, Prohibition and Excise Department, Home (Prison-IV) Department, Government of Tamil Nadu – 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, call for the records of G.O.(D).No.305 dated 11.03.2024 of the 1st respondent and quash the same and consequently direct the respondent no.1 premature release of the petitioner.)
Under assail is the order of the Government issued in G.O.(D).No.305, Home (Prison-IV) Department dated 11.03.2024.
2. The prisoner was convicted by the Additional Sessions and Fast Track Court, Trichy on 15.03.2012 for offence under Section 302 of Indian Penal Code (IPC) for which he was sentenced to life. Further convicted for offence under Section 392 IPC read with 397 IPC for which sentenced to seven years rigorous imprisonment. Both the sentences were directed to run concurrently and the prisoner had completed seven years of sentence for the offence under Section 392 IPC read with 397 IPC. The judgment of the Trial Court was confirmed by the High Court in Crl.A.(MD).No.565 of 2019 on 25.08.2022.
3. The prisoner submitted an application seeking premature release by virtue of the scheme implemented in G.O.Ms.No.430, Home (Prison-IV) Departmen
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 permissible if the Governor's decision lacks application of mind.
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 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 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 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....
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