Gauhati High Court Orders Urgent Reconstruction of Missing Criminal Records

Staff Reporter

Guwahati: In an interesting development, the Gauhati High Court observed that the records of the criminal cases of four jail inmates are not traceable, and, therefore, they are languishing in jail with no idea as to whether they have already served out their sentences or, for that matter, are in custody in connection with which case. The HC directed the District Judges of Nalbari and Sribhumi Courts, where those inmates were tried, to reconstruct the records on an urgent basis.

The bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury made observations and passed directions in a suo moto case (WP(C)(Suo Moto)/1/2025) filed against the Member Secretary, Assam State Legal Services Authority, and seven others.

The bench, citing the lack of records of the four convicts, said, “they are languishing in jail with no idea to the Government or to the families of such convicts whether they have already served out their sentences or, for that matter, are in custody in connection with which case.”

In its order regarding the case, the bench, in the meantime, asked the advocates entrusted with the task of defending those inmates to file necessary applications for grant of bail after confirming from the jail records about the period of their custody. In case there are no jail records available, the bench stated that, as an interim measure, “bail applications may be filed which shall be considered by the appropriate Bench, who shall take into account the long period of detention, non-traceability of the records and only on being satisfied about the home and hearth of such jail inmates, pass necessary orders bringing succour to them.”

Moreover, the bench directed the Member Secretary, High Court Legal Services Authority, to assign the cases of those four inmates to legal aid advocates ‘for the needful’. The bench disposed of the suo motu writ petition with the aforementioned observations and directions.

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