Governor Obliged to Follow State’s Decision on Early Release of Life Sentence Convicts

The Madras High Court recently ruled that the Governor is constitutionally required to act on the advice of the State cabinet when deciding on the premature release of life term convicts, as outlined under Article 161 of the Constitution. This decision came while the Court was hearing a petition from Veera Bharathi, a life convict seeking early release. Bharathi had spent over 20 years in prison and was recommended for release by a committee led by the Director General of Prisons, based on his good conduct. The Tamil Nadu Law Minister and Chief Minister had also approved his release. However, the Governor rejected the recommendation, citing Bharathi’s conviction for the rape and murder of a minor girl.

The High Court referred to a Supreme Court ruling in AG Perarivalan vs State, clarifying that the Governor’s power under Article 161 is bound by the State government’s advice, and he cannot act independently. Furthermore, the Court noted that any delay or failure by the Governor to act on such advice is subject to judicial review. The Bench emphasized that the State government’s policies regarding the release or remission of convicts must be consistent with Article 161 and relevant sections of the Criminal Procedure Code. In light of these findings, the Court directed the Tamil Nadu government to reconsider Bharathi’s case and make a fresh decision.