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2023 Supreme(Gau) 1350

DEVASHIS BARUAH
State of Assam, Represented by the Principal Secretary to the Govt. of Assam, Home and Political Department – Appellant
Versus
Abdul Rahman, S/o. Abdul Noor – Respondent


Advocates Appeared:
For the Petitioner: Mr. H. Sarma.
For the Respondent: Mr. A. Alam.

JUDGMENT :

The instant writ petition has been filed by the State of Assam and two others challenging the order dated 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 Section 302/34 Indian Penal Code w.e.f. 23.02.1998. 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 02.02.2012. A W.T. Message was sent to the Jail Superintendent on 03.02.2012 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 10.02.2012. Thereupon on 22.03.2012, 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

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