The governor had rejected the premature release of the prisoner, who has been lodged in the prison for more than 20 years, citing the nature of the crime.
"The power of an appropriate government to issue general or special orders allowing remissions is traceable under Section 432 CrPC and the policies in question are statutory in nature. In the context of the above policy (on premature release), the power under Article 161 can be exercised by the state government, and not by the governor on his own. The advice of the appropriate government binds the Head of the State," said a division bench of Justices S M Subramaniam and V Sivagnanam in a recent order.
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