INTRODUCTION
Though the governor is the Executive Head of the State there are matters in which some rules, and regulations bind them. One of them is that they have to consider the State’s decision on the premature release of life-term convicts. In a recent judgement the Madras High Court in the case of Veera Bharathi, clarifies the powers and limitations of the governor concerning the premature release of a life-term convict.
BACKGROUND
In a recent ruling, the Madras High Court laid down that the governor is bound to the State Cabinet’s decision for the premature release of life-term prisoners.
On October 17th, a bench of Justices SM Subramanian and V Sivagnanam stated that the Supreme Court through its various rulings has made it clear that the governor has to follow the decisions laid down by the State Cabinet while exercising their power under Article 161 of the Indian Constitution.
Veera Bharathi, a convict serving a life sentence, filed a petition challenging the governor’s decision which opposed his plea for early release though the Tamil Nadu government’s committee, headed by the Prison DGP, had approved his release from the Puzhal prison in Chennai on regards of good conduct and considering the fact that he had already spent 20 long years in the prison.
Later the recommendations of the State Committee regarding Bharathi’s premature release were approved by the Law Minister along with the Chief Minister of Tamil Nadu.
But the governor standing against the plea said that the plea cannot be granted as the convicted prisoner is a pedophile and he had raped and killed a minor girl.
The Court referring to the case of AG Perarivalan V. State, allowed Bharati’s petition and asked the TN government to review the case based on what has been stated earlier.
KEY ASPECTS
- Article 161
Article 161 of the Constitution of India gives the Governor of a state the power to: grant pardons, reprieve, suspend, remit, and commute sentences. Though this power is discretionary but has to be exercised under law and justice.
- REMINDER FOR THE GOVERNOR
The Court reminded the governor of the limitations on their powers and stated that the governor has to follow the decision of the State Cabinet in regard to the early release of a prisoner serving a life sentence.
- Legal Precedent
Concerning the case of AG Perarivalan V. State, the ruling had the strong support of the precedent and is set as a strong precedent with its justifiable decision.
- Specific Case Outcome
The court considered Veera Bharati’s good behavior and the fact that he had stayed in prison for 20 years and went on to emphasize the State Cabinet’s decision.
CONCLUSION
The Court has served a significant ruling making clear the limitations of the powers vented to the Governor, ruling that the governor must consider the decision of the State Cabinet in the matter of premature release of life-term convicts, with this decision, the Court signifies the consideration of the rights of prisoners while also closely looking at the changes and developments they have made during the harsh period in prison.
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WRITTEN BY: D.V. DEEKSHA.
