Allahabad HC: Governor’s power to grant premature release not arbitrary

The Allahabad High Court has ruled 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. A bench of Justice JJ Munir and Justice Tarun Saxena quashed a June 26, 2025 order refusing premature release to Ram Pratap Singh, a convict sentenced to seven years' rigorous imprisonment for attempt to murder.

The Court found the decision suffered from an 'error apparent on the face of record', as it incorrectly recorded the period of incarceration. The jail report showed Singh had served 4 years, 6 months and 6 days without remission, against a seven-year sentence, making him eligible under the Uttar Pradesh Prisoners' Release on Probation Rules, 1938. The rejection order had claimed he served only 2 years and 6 days without remission.

The High Court remitted the matter to the state government for a fresh decision within one month from receipt of the order. The bench observed that even a constitutional power under Article 161 cannot be exercised arbitrarily or based on a manifest error, especially regarding the period of incarceration suffered by the convict.