Court: Governor's power on premature release not arbitrary

India's High Court has asserted that a governor's power to grant or deny premature release to convicts cannot be exercised arbitrarily.

A bench comprising Justices J.J. Munir and Tarun Saxena made this observation while overturning a lower authority's decision that refused premature release to an individual serving a seven-year rigorous imprisonment sentence. The court's ruling underscores the principle that such decisions must adhere to legal frameworks and established guidelines.

The bench emphasized that the power vested in the governor for premature release is not absolute and must be exercised judiciously, considering all relevant factors and legal provisions. Arbitrary denial of release, without proper justification or adherence to procedure, goes against the principles of justice and fairness.

By quashing the specific order, the High Court signaled that convicts have a right to have their applications for premature release considered fairly and in accordance with the law. The judgment aims to prevent potential misuse of discretionary powers and ensure consistency in the application of parole and premature release policies across the country.