GAHC010018542026

2026:GAU-AS:6526 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/525/2026 SRI THOMAS GURIAH SON OF LT FRANSISH GURIAH, RESIDENT OF VILLAGE JORPUKHURI SANTIPUR, P.S. PANERY, DISTRICT UDALGURI BTR, ASSAM, PRESENTLY LODGED AT DISTRICT JAIL, MANGALDOI 784125.

VERSUS THE STATE OF ASSAM AND 8 ORS.

REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM 781006.

2:THE ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPTT

2ND FLOOR I BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM 781006.

3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT

2ND FLOOR I BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM 781006.

4:THE STATE LEVEL REVIEW BOARD UNDER THE ASSAM PRISONS ACT

2013 REPRESENTED BY ITS MEMBER SECRETARY I.E.

THE SECRETARY HOME AND POLITICAL DEPARTMENT

2ND FLOOR I BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM 781006.

5:THE LEGAL REMEMBRANCER CUM COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM JUDICIAL DEPARTMENT

2ND FLOOR E BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM 781006

6:THE INSPECTOR GENERAL OF PRISONS ASSAM ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI ASSAM - 781022.

7:THE DISTRICT COMMISSIONER UDALGURI OFFICE OF THE DISTRICT COMMISSIONER UDALGURI ASSAM - 784509.

8:THE SUPERINTENDENT OF POLICE UDALGURI OFFICE OF THE SUPERINTENDENT OF POLICE UDALGURI ASSAM 784509.

9:THE SUPERINTENDENT DISTRICT JAIL MANGALDOI MANGALDAI ASSAM- 784125 Advocate for the Petitioner : MR A ATREYA, MR. J KONWAR,MS. C KALITA Advocate for the Respondent : GA, ASSAM, – B E F O R E –

HON’BLE MR. JUSTICE KAUSHIK GOSWAMI For the Petitioners : Mr. A Atreya, Ms. C Kalita, Mr. J Konwar For the Respondent(s) : Ms. M Barman, G.A., Assam.

Date on which judgment is reserved : N/A.

Date of pronouncement of judgment : 11.05.2026 Whether the pronouncement is of the operative part of the judgment ? : No.

Whether the full judgment has been pronounced : Yes.

J UDGMENT & O RDER (

ORAL )

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