Case Name : AG Perarivalan vs. State through Superintendent of Police CBI/SIT/MMDA, Chennai, Tamil Nadu and Anr Case Reference: (0000) 0 SCC 00 Case Number: Crl A Nos. 833-844 of 2022 Court: Supreme Court Bench: 03 Coram:L Nageswara Rao, BR Gavai, AS Bopanna Date: 18.05.2022
The advice of the State Cabinet is binding on the Governor in exercise of the powers under Article 161 Non-exercise of power under Article 161 or inexplicable delay in exercise of which power, (which delay is not attributable to the prisoner) is subject to judicial review - especially when the State Cabinet has taken a decision to release the prisoner and made recommendations to the Governor to that effect.
In the absence of any specific provision under the Constitution or under law made by the Parliament expressly conferring executive power on the Union, the executive power of the State (in respect of release) would extend to an offence, whether it be an Entry in List II or List III of the Seventh Schedule
Refer also: Union of India vs. Sriharan (2016) 7 SCC 1
See also: Constitution - Article 142 IPC - Section 302