IN RE Vs. STATE OF ASSAM

JUDGEMENT

(1.) It is a taken up writ petition on the basis of certain information forwarded to this Court by the Assam Human Rights Commission. The substance is that a large number of persons in the State of Assam continued in prison in contravention of the law, that is, in some cases undertrial prisoners are continued beyond the statutorily permissible period of detention under Section 167 CrPC etc and also there are cases of convicts who have been langushing in prisons for periods beyond the permissible period under the sentence awarded to such prisoners.

(2.) In the background of the above mentioned information this Court though it fit to call upon not only the State of Assam but also all the six other states within the jursdiction of this High Court to examine the issue and furnish the information regarding the various categories of prisoners in those respective States and the period of detention and the sentence for which they were convicted and tried. Orders in this regard have been passed from time to time earlier.

(3.) In order to scrutinize the materials so furnished by the various States this Court requested Mr. Mishra, learned Senior Advocate to assist the Court and examine the materials furnished by each one of the above States and identify the cases where the prisoners are detained beyond the permissible period under the law.