Overview
- The Full Bench, which delivered its ruling Thursday, held the Governor is bound by the Council of Ministers on remission and premature release under Article 161.
- The bench of Justices A. D. Jagadish Chandira, G. K. Ilanthiraiyan, and Sunder Mohan answered a reference sent in September 2025 after two 2024 Division Benches issued conflicting views.
- Relying on Supreme Court rulings in Maru Ram (1980), Shamsher Singh (1974), and A. G. Perarivalan (2022), the court said the Governor acts only on ministerial advice for clemency powers.
- The judges declared the Madurai Bench’s Murugan ruling per incuriam, explaining that the MP Special Police Establishment case on sanction to prosecute ministers does not grant discretion for remissions.
- The ruling constrains future refusals of state-recommended releases and could affect prisoners whose cases were backed by the state but turned down by the Governor.