The power to grant premature release must be exercised through a fair, reasoned, and individualized assessment of each case. A wholesale rejection of remission proposals based on generalized policy considerations, without evaluating individual merits, is arbitrary and violates the constitutional right to personal liberty.

ORDER :

KAUSHIK GOSWAMI, J.

Heard Mr. A. Atreya, learned counsel appearing for the petitioner and also heard Ms. M. Barman, learned Government Advocate, appearing for the State respondents.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner seeks consideration of his case for remission and premature release on the basis of the proposal dated 30.04.2025 prepared by the Superintendent, District Jail, Mangaldai.

3. The brief facts of the case are that the petitioner, who has completed 19 years, 6 months and 1 day of actual imprisonment as on 28.04.2025 and has earned remission of 1830 days, has thereby undergone a sentence period of 25 years, 11 months and 29 days up to 28.04.2025. Claiming eligibility for remission and consequential premature release in terms of the procedure laid down in the Office Memorandum dated 06.10.2015 issued by the Government of Assam in the Home Department under Sections 432, 433 and 433-A of the Cr.P.C., the petitioner submitted a prayer through the Superintendent of the District Jail seeking consideration of his case for premature release.

4. It is the specific case of the petitioner that even after the lapse of more than 218 days from the date of convening of the Review Board, no decision on the proposal for release of the petitioner had been communicated to him. Accordingly, the petitioner was constrained to approach this Court by way of the present writ petition.

5. Pertinent it is that on 28.04.2026, when this matter was taken up before this Court, Ms. Barman, learned Government Advocate, produced a copy of the letter dated 27.04.2026 issued by the Deputy Secretary to the Government of Assam, Home & Political Department, addressed to the Office of the State Counsel, intimating that the State Level Review Board, after re-examining the proposal for remission submitted on behalf of the petitioner, had rejected the same. The said letter dated 27.04.2026 was accordingly kept on record and marked as Flag ‘X’. The State Level Review Board held its meeting on 19.03.2026 with the Additional Chief Secretary to the Government of Assam, Home & Political Department, as the Chairperson under Section 20 of the Assam Prisons Act, 2013. The minutes of the meeting of the Review Board reveal, inter alia, that the Board decided that remission proposals ought to be confined only to “exceptional cases”, such as terminally ill patients and cancer patients, and that prisoners undergoing life imprisonment should ordinarily not be recommended for release merely upon completion of 14/20 years unless falling within such exceptional category. Relevant portion of the aforesaid minutes is reproduced hereunder for ready reference.

“The meeting was convened to re-examine the cases of remission in respect of 32 (thirty two) life convicts for the year 2025 and review the cases of 58 (Fifty Eight) inmates undergoing sentence of life imprisonment and to recommend their premature release as per Govt. OM No. HMB.143/2010/Pt-II/194 Dated 06.10.2015.

Initiating the discussion, the Additional Chief Secretary. Home & Political Department along with the other members of the Review Board went through the Supreme Court judgement laid down in the Govt. OM incorporating necessary details for consideration of the proposals for remission alongwith the reports of the Jail Sup