The main legal point established in the judgment is the discretionary nature of the power to remit or refuse remission, the need for case-by-case consideration before granting remissions, and the vicarious liability of the State for constitutional torts committed by its employees.

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 in Jail) as well as 14 years of actual imprisonment including under-trial detention period set off under Section 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 Section 432 read with Section 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 & Secretary, Home & Political Department, Dispur. It is pertinent herein to take note of that though on 23.03.2012 the Govt. order to release the Respondent No. 1 dated 22.03.2012 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 28.03.2012, the Respondent No. 1 was released.

4. It further reveals that a complaint was filed before the Assam Human Rights Commission alleging that the Respondent No. 1 was detained for about 1 month in excess before his final release from the jail. The Assam Human Rights Commission vide an order dated 16.02.2012 took cognizance of the said complaint and directed the I.G., Prisons, Assam to look into the complaint and submit a report. Thereupon the I.G., Prisons, Assam submitted the report on 13.03.2021 stating inter alia the fact that the proposal for releasing the Respondent No. 1 had already been submitted to the Government through the letter dated 10.02.2012 and the release would be effected immediately after the receipt of the release order from the Government. The said report which was submitted by the I.G. Prisons, Assam was thereupon served upon the complainant asking for his comments. On 11.04.2012, the brother of the Respondent No. 1 contended that the Respondent No. 1 was released on 28.03.2012 after unlawfully detaining him in jail for more than 1 month. The Assam Human Rights Commission vide an order dated 11.07.2012 directed the I.G., Prisons, Assam to clarify the matter of the alleged overstay of the Respondent No. 1 in the jail. The I.G., Prisons, Assam submitted a clarific