Allahabad HC quashes order refusing premature release to convict

The Allahabad High Court has ruled that a Governor's power under Article 161 of the Constitution to grant premature release cannot be exercised arbitrarily and remains regulated by applicable rules. A bench of Justice JJ Munir and Justice Tarun Saxena quashed a June 26, 2025 order that refused premature release to Ram Pratap Singh, who was sentenced to seven years' rigorous imprisonment in an attempt-to-murder case.

The court found the denial suffered from an "error apparent on the face of record" because it incorrectly recorded Singh's incarceration period as two years and six days, ignoring a jail report showing he had served four years, six months and six days without remission, more than half his sentence. The bench noted the decision also did not disclose adverse material against the petitioner and failed to consider his satisfactory conduct in jail.

The High Court remitted the matter to the state government for a fresh decision, which must be taken within one month of receiving the order. The court observed that while Article 161 is a constitutional power, the decision must not be arbitrary or based on an error as fundamental as the period of incarceration.