Submit number of convicts in jails and those granted remission: Gauhati HC

Staff Reporter

Guwahati: The Gauhati High Court directed the four states of Assam, Nagaland, Mizoram, and Arunachal Pradesh, under its jurisdiction, to submit an affidavit stating the number of convicted persons in all the jails of each state and the section of law under which they have been convicted as of January 31, 2026, and the number of convicted persons that have been granted remission in each state from January 2021 until date.  

The division bench of Justice Michael Zothankhuma and Justice Kaushik Goswami issued this order while hearing a suo moto case (WP(C)(Suo Moto)/2/2025) for monitoring and supervising the implementation of the remission and premature release policy of the states of Assam, Nagaland, Mizoram, and Arunachal Pradesh, in compliance with Supreme Court orders dated April 25, 2025, and November 4, 2025.

The Supreme Court had directed that where there was a policy of the government laying down guidelines of consideration for the grant of premature release under Section 432 of the Cr.P.C. or Section 473 of the BNSS, it was the obligation of the appropriate government to consider cases of all convicts for the grant of premature release as and when they became eligible for consideration in terms of the policy. It also held that it was not necessary for the convict or his relatives to make a specific application for a grant of permanent remission. It also held that the aforesaid direction would apply when the jail manual or any other departmental instruction issued by the government contains such a policy guideline. It directed states and union territories to formulate a policy for remission if the same was not available with them.

P. Bhattacharjee, Additional Advocate General for the State of Mizoram, submitted that necessary changes/amendments have been made to the Mizoram Prison Manual, 2017, with regard to the grant of remission.

A. Chandran, Senior Government Advocate for the State of Arunachal Pradesh, submitted that though there is a chapter in the Arunachal Pradesh Prison Manual for the grant of remission, necessary guidelines have been published in four notifications supplementing the remission policy provided in the said manual, as required in terms of the Supreme Court direction.

The court observed from the affidavits filed by all four states and submissions made by the counsels for the parties that the remission policy for all four states is available, while the policy for Assam and Nagaland is undergoing amendment/modification.

Stating the above, the court directed the four states to submit a further affidavit stating the number of convicted persons in all the jails of each state and the section of law under which they have been convicted, as of January 31, 2026.

In respect of the State of Arunachal Pradesh, the court said it has been informed that some of the convicted persons have been kept in jails in Assam, inasmuch as there are only two district jails in the entire State of Arunachal Pradesh. Accordingly, the court directed that the affidavit to be submitted by Arunachal Pradesh should contain the names and the concerned sections with respect to all those who are convicted by the courts in Arunachal Pradesh and who are undergoing their sentences in Assam also.

In addition, the court directed that the affidavit should state the number of convicted persons that have been granted remission in each state from January 2021 till date, listing the matter for further hearing on April 2, 2026.

Also Read: Rates of conviction and charge sheet filing rise; crime rate falls