GAHC010282692025

2026:GAU-AS:6727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7304/2025 MITHU KALITA ALIAS MITU KALITA SON OF JOGESWAR KALITA, RESIDENT OF VILLAGE BAKARIGAON, P.S.

MORIGAON, DISTRICT MORIGAON, ASSAM, PRESENTLY LODGED AT SPECIAL JAIL, NAGAON - 782001.

VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM 781006.

2:THE ADDL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT

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 JUDICIALDEPARTMENT

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 MORIGAON OFFICE COMMISSIONER OF THE DISTRICT MORIGAON ASSAM - 782105.

8:THE SUPERINTENDENT OF POLICE MORIGAON STHR JOLLY SAIKIA DIST. MORIGAON REGD. NO. 04 GOVT OF ASSAN OFFICE OF THE SUPERINTENDENT OF POLICE MORIGAON ASSAM 782105.

9:THE SUPERINTENDENT SPECIALJAIL NAGAON MOHI CH. BORAH ROAD NAGAON ASSAM- 782001 Advocate for the Petitioner : MR A ATREYA, MR. J KONWAR,MS. C KALITA Advocate for the Respondent : GA, ASSAM, BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER

15.05.2026 Heard Mr. A. Atreya, learned counsel appearing for the petitioner and also heard Mr.

B.J. Talukdar, learned Sr. counsel and Additional Senior Govt. 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 23.12.2024 prepared by the Superintendent, Special Jail, Nagaon.

3. The brief facts of the case are that the petitioner, who has completed 19 years, 8 months and 9 days of actual imprisonment as on 23.12.2024 and has earned remission of 2 years, 8 months and 13 days, has thereby undergone a sentence period of 22 years, 4 months and 22 days up to 23.12.2024. 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 Special Jail, Nagaon 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 150 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 20.04.2026, when this matter was taken up before this Court, Mr. Talukdar, learned Sr. counsel and Addl. Sr. Govt. Advocate, produced a copy of the minutes of the meeting dated 19.03.2026 of the State Level Review Board 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 exc