Governor's power to grant premature release can't be exercised arbitrarily: Allahabad HC
PRAYAGRAJ, Aug. 17 -- The Allahabad high court has held that the governor's power to grant premature release under Article 161 of the Constitution is a sovereign executive power but it cannot be exercised arbitrarily as it remains regulated by the applicable rules and remission policy.
The bench comprising Justice JJ Munir and Justice Tarun Saxena made this observation while quashing an order refusing premature release to a convict who had been sentenced to seven years' rigorous imprisonment.
The June 26, 2025 order was passed by a joint secretary, Uttar Pradesh Prisons Administration and Reform Services, Lucknow, by which the governor's decision in exercise of powers under Article 161 of the Constitution, refusing to remit his sentence...
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