The petitioner, while undergoing imprisonment at the Open Prison, Nattukaltheri, pursuant to his conviction for the offence under Section 302 IPC, was released on 18.2.2011. The petitioner’s release was based on G.O.(MS)No.47/2011/HOME dated 18.02.2011 (Ext.P1), by which the Government ordered premature release of 209 prisoners who had completed imprisonment of 10 years (with remission) and above and in whose cases, favourable reports, either from the police or probation officer or both, had been received. Later, release of the 209 prisoners, including the petitioner, in terms of Ext.P1 was subjected to challenge before this Court in a series of writ petitions. The writ petitions were referred to the Full Bench and the question whether Ext.P1 is liable to be interfered with on the ground that the order was the result of arbitrary exercise of power under Article 161 of the Constitution was decided by the Full Bench as per the decision in Suo Motu and others v. State of Kerala and others [ILR 2019 (1) Ker.227]. After careful consideration of the question, it was found that the power under Article 161 had been exercised without the Government applying its mind to the individual cases and without determining
