The order of Governor for premature release of a triple murder convict was set aside by the Allahabad High Court.
The main reason underlined in this issue was that the Governor had transgressed his jurisdiction while giving this particular order. This jurisdiction was exceeded while exercising his power under Article 161 of the constitution.The bench consisted of Justice Rajeev Singh and Justice Ramesh Sinha.
The bench has set aside the order because of the mandate of Section 433-A of Criminal Procedure Code.
This section says that a person should serve at least 14 years of imprisonment and should not be released till that when he has received the sentence of imprisonment for life.
This matter before the court is a triple murder case, and the convict is Jaini Singh. He has filed an appeal and his bail application was rejected twice.
Now, the appeal is pending before the court. He has served only 5 years of imprisonment. He approached premature release under Article 162 of the Indian Constitution.