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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM
Veera Bharathi – Appellant
Versus
State of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. life convict's imprisonment duration (Para 2) |
| 2. claim of premature release based on co-accused's release (Para 3) |
| 3. governor's dissent on premature release recommendation (Para 5 , 6) |
| 4. governor's powers and cabinet's advice binding (Para 7 , 11 , 12) |
| 5. judicial review of governor's decisions under article 161 (Para 8 , 9) |
| 6. limits of governor's powers vs. state government powers (Para 10 , 14) |
| 7. court's role in assessing remission guidance (Para 15 , 16) |
| 8. order to recirculate and reconsider premature release (Para 17) |
ORDER :
S.M. SUBRAMANIAM, J.
Under assail is the order of the Government issued in G.O.(D)No.398, Home(Prison-IV) Department, dated 20.03.2024.
2. The facts in brief would reveal that the petitioner is a life convict prisoner, admittedly completed more than 20 years of actual imprisonment. The Trial Court imposed sentence of Death Penalty, which was modified by the High Court as Life Sentence. The judgment of the High Court was affirmed by the Hon'ble Supreme Court of India.
3. Mr. Sankara Subbu, the learned counsel appearing for the petitioner would mainly contend that co-accused in the Criminal case Mr.Ilango @ Murugan S/o. Paulchamy naicker, was pre
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.
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 dissent on premature release is not binding on the State Cabinet's recommendation, which must adhere to statutory eligibility criteria.
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 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.
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....
(1) Power under Article 161 of Constitution can be exercised by State Governments, not by Governor on his own. Advice of appropriate Government binds Head of State.(2) Policy prevalent at the time of....
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