Governor is bound to the Cabinet’s decision: Madras High Court

While hearing a petition from a life-term prisoner seeking early release, the Madras High Court reaffirmed that the Governor is constitutionally bound to follow decisions made by the state Cabinet.
The petitioner, Veerabarathi, who is serving a life sentence for murder in Puzhal prison, approached the court, seeking premature release. He had previously submitted a petition to the State Committee, headed by the Prisons DGP, requesting his release based on good conduct, as he had already spent 20 years in jail.

Veerabarathi argued that other prisoners convicted of similar crimes had been released early. He stated that after a thorough review, the State Committee recommended his release, and this recommendation, along with necessary documents, was forwarded to the Chief Minister. Following approval by the Cabinet, the request was sent to the Governor for final assent.
However, Veerabarathi pointed out that the Governor refused to grant assent to his release.
The bench, comprising Justices SM Subramaniam and V Sivagnanam, referred to the Supreme Court’s ruling in cases like that of Perarivalan (convicted in the assassination of former Prime Minister Rajiv Gandhi). The Supreme Court ordered the release of life-term prisoner Perarivalan on 18 May 2022 after he spent over 30 years in jail.

The court emphasised that the Governor is obliged to act in accordance with the Cabinet’s decision. The bench directed a reconsideration of Veerabarathi’s petition and granted him interim bail.