Madras high court CHENNAI: Madras high court on Thursday held that in matters relating to remission and premature release of convict prisoners, the governor is bound by the advice of the council of ministers (CoM), regardless of whether the governor likes that advice or not.”And under no circumstance, the governor can exercise discretion to take a different view from the one taken by the CoM,” a full bench of Justice A D Jagadish Chandra, Justice G K Ilanthiraiyan and Justice Sunder Mohan said.When the division bench of the court took up a plea moved by one Eswaran against the Tamil Nadu govt for hearing, the petitioner submitted that his premature release was considered by the state cabinet and, thereafter, the papers relating thereto were sent to the governor, who acted in his discretion and rejected the same, which is unsustainable in the eyes of law.While considering the plea, the bench noticed an apparent dichotomy in the views taken by two division benches of this court in Veera Bharathi vs State and Murugan alias Thirumalai Murugan vs State.In the Veera Bharathi case, it was held that the advice of the CoM binds the governor. Per contra, in Murugan alias Thirumalai Murugan case, reliance was placed on the ruling of the constitution bench of the Supreme Court in M P Special Police Establishment case and held that the same permits the governor to act in his own discretion when, on facts, bias becomes apparent or the decision of the CoM is shown to be irrational and based on the non-consideration of relevant factors.Therefore, the present division bench of Justice M S Ramesh (since retired) and Justice V Lakshminarayanan referred the issue to be answered by a full bench of the court.You Can Also Check: Chennai AQI | Bank Holidays in Chennai | Gold Rate Today in Chennai | Silver Rate Today in ChennaiEnd of ArticleFollow Us On Social MediaVideos’No Worries For India In Hormuz’: Says Iran, As Rajnath Singh Assures Navy’s Escort To Secure Supply’No Fuel Shortage, Navy Guards Tankers On Hormuz Route’: Rajnath Singh Signals India’s Readiness’Unprecedented, Decisive Action’: Rajnath Warns Pakistan Against Misadventure, Reminds Of Op SindoorIndian LPG Tanker Escapes Mined Hormuz Route, Sails Via Larak Amid WarChandigarh Blast Video Surfaces As Khalistan Threat Emerges, Security Agencies Launch Massive ProbeIndia Prepares For Oil Shock With 7 Big Steps As Trump Asks Others To Dare Hormuz To Get SuppliesPM Modi Puts Deesa Airbase In Strategic Focus, India’s Big Defence Push Near Pakistan Border’India Was On Verge Of Striking Before Pakistan Requested Halt During Op Sindoor’: Indian Navy ChiefVice Admiral A.N. Pramod Gets Yudh Seva Medal For Leading Navy Ops In Operation SindoorPM Modi Warns Against Rumours, Stresses Timely Info During West Asia War Crisis123PhotostoriesN.T Rama Rao, Arun Govil, Prabhas, Nandamuri Balakrishna: Looking at every iconic portrayal of Lord Rama over the decadesIndia’s billionaire streets: 10 most expensive residential addressesAlia Bhatt-inspired 5 classy blouse designs you’ll love for summersHanuman Jayanti special: ‘Adipurush’, ‘Bajrangbali’ to ‘Hanu-Man’: Films that brought Lord Hanuman to life on screen5 common empty stomach habits that worsen insulin resistance: Doctors explain what to avoid and how to keep blood sugar stableMetro above, chaos below: Why Bengaluru’s Bannerghatta Road is turning into a headache for commutersRishabh Pant’s luxurious Delhi home is defined by modern aesthetics, fitness-focused spaces and luxury cars worth crores!From a net worth of approximately Rs 30 crore to a luxurious mansion: Jannat Zubair’s lavish lifestyleBest Telugu comedy movies streaming now: From ‘Nuvvu Naaku Nachchav’ to ‘MAD’Not getting enough protein? Doctors warn of impact on body and brain, and suggest 6 ways to boost absorption123Hot PicksUAE healthcare rulesLeBron JamesNASA Artemis IIKristi Noem HusbandUS Iran WarPublic holidays April 2026Bank Holidays AprilTop TrendingKolkata Knight Riders vs Sunrisers Hyderabad Match ScorecardNASA Artemis IISulfur Cube in MinecraftPhineas and Ferb Skin FortniteMohammed ShamiPunjab BJP blastIran ceasefireArjun TendulkarSchool Holidays in AprilIran war news
CHENNAI: Madras high court on Thursday held that in matters relating to remission and premature release of convict prisoners, the governor is bound by the advice of the council of ministers (CoM), regardless of whether the governor likes that advice or not.“And under no circumstance, the governor can exercise discretion to take a different view from the one taken by the CoM,” a full bench of Justice A D Jagadish Chandra, Justice G K Ilanthiraiyan and Justice Sunder Mohan said.When the division bench of the court took up a plea moved by one Eswaran against the Tamil Nadu govt for hearing, the petitioner submitted that his premature release was considered by the state cabinet and, thereafter, the papers relating thereto were sent to the governor, who acted in his discretion and rejected the same, which is unsustainable in the eyes of law.While considering the plea, the bench noticed an apparent dichotomy in the views taken by two division benches of this court in Veera Bharathi vs State and Murugan alias Thirumalai Murugan vs State.In the Veera Bharathi case, it was held that the advice of the CoM binds the governor. Per contra, in Murugan alias Thirumalai Murugan case, reliance was placed on the ruling of the constitution bench of the Supreme Court in M P Special Police Establishment case and held that the same permits the governor to act in his own discretion when, on facts, bias becomes apparent or the decision of the CoM is shown to be irrational and based on the non-consideration of relevant factors.Therefore, the present division bench of Justice M S Ramesh (since retired) and Justice V Lakshminarayanan referred the issue to be answered by a full bench of the court.
