STATE OF ASSAM Vs. ABDUL RAHMAN

JUDGEMENT

(1.) The instant writ petition has been filed by the State of Assam and two others challenging the order dtd. 22/11/2022 passed by the Assam Human Rights Commission in AHRC Case No.307/10/11-12.

(2.) It appears from the records that the Respondent No. 1 herein was a life convict in the District Jail, Karimganj undergoing his life imprisonment in connection with Sessions Case No. 16/1995 under Sec. 302/34 Indian Penal Code w.e.f. 23/2/1998. The records further reveal that a proposal for release of the Respondent No. 1 was received by the Dealing Assistant of the Office of the Superintendent District Jail, Karimganj on 2/2/2012. A W.T. Message was sent to the Jail Superintendent on 3/2/2012 asking for the proper receipt of the payment of the fine by the convict. The final proposal for release of the Respondent No. 1 was submitted by the Inspector General of Prisons, Assam to the Government on 10/2/2012. Thereupon on 22/3/2012, the Secretary to the Government of Assam, Home and Political Department issued a Notification bearing No. HMB128/2001/Pt/327, wherein it was mentioned that the Respondent No. 1 had completed 20 years of total imprisonment (including remission earned in Jail) as well as 14 years of actual imprisonment including under-trial detention period set off under Sec. 428 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It was further mentioned that taking into account the conduct and performance of the Respondent No. 1 in the jail, the Governor of Assam was satisfied that the Respondent No. 1 had become fit for release. Accordingly, by exercising the powers under Sec. 432 read with Sec. 433A of the Code, the Governor of Assam was pleased to remit the life sentences of the Respondent No. 1 and to accord approval for his release with immediate effect.

(3.) It is seen that the copies of the said order of the Governor was marked to the Inspector General of Prisons, Assam, the Superintendent, M.N., Open Air Jail, Jorhat the Superintendent, District Jail/Karimganj for information and necessary action as well as copies were marked to the Private Secretary to the Minister of Jails, Assam and the Private Secretary to the Commissioner and Secretary, Home and Political Department, Dispur. It is pertinent herein to take note of that though on 23/3/2012 the Govt. order to release the Respondent No. 1 dtd. 22/3/2012 was received by the Dealing Assistant of the Office of the I.G. of Prisons, Assam but the record further reveals that on 24th, 25th, 26th and 27th of March, 2012 the Respondent No. 1 was not released, although the order of the Governor was specific to be released with immediate effect. It was only on 28/3/2012, the Respondent No. 1 was released.