Studio Nilima vs The State Of Assam And 3 Ors
2022 Latest Caselaw 862 Gua

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GAHC010121972021




                           THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                              Case No. : WP(C)/4223/2021

           STUDIO NILIMA, COLLABORATIVE NETWORK FOR RESEARCH AND
           CAPACITY BUILDING
           C1, DAMAYANTI MANSION, SATYA BORA LANE, DIGHALIPUKHURI EAST
           GUWAHATI 781001, DIST KAMRUP (M) REPRSENTED BY ITS CO FOUNDER
           AND DIRECTOR, MS ABANTEE DUTTA, 39 YEARS, RESIDENT OF 1A,
           DAMAYANTI MANSION, SATYA BORA LANE, DIGHALIPUKHURI EAST,
           GUWAHATI 781001, ASSAM

           VERSUS

           THE STATE OF ASSAM AND 3 ORS
           REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
           HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI 06

           2:THE INSPECTOR GENERAL OF PRISONS
           ASSAM
           ASSAM PRISON HEADQUARTERS
            KHANAPARA
            GUWAHATI 781022
           ASSAM

           3:SUPERINTENDENT OF JAIL
            MORIGAON DISTRICT JAIL
           MORIGAON
           ASSAM

            4:ASSAM STATE LEGAL SERVICE AUTHORITY
             REPRESENTED BY ITS MEMBER SECRETARY
            ADJACENT TO GAUHATI HIGH COURT NEW BLOCK
             GUWAHATI 78100
Advocate for the Petitioner : MRS. R S CHOWDHURY

Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

11.03.2022

Heard Mr. A. Atreya, learned counsel for the petitioner and Mr. D. Nath, learned senior Government Advocate, Assam for all the respondent Nos. 1 to 3.

Pursuant to the judgment and order of punishment dated 21.07.2008 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 56/2006 the life convict Abdul Jabbar was lodged in District Jail, Morigaon where he was diagnosed with Fascio Scapulo Humeral Muscular Dystrophy.

Pursuant to the order dated 03.09.2021, the Inspector General of Prisons, Assam through Mr. Nath, learned senior Government Advocate, Assam by placing the Notification No. HMB.143/2010/Pt-III/13 dated 01.03.2022 of the State Government in its Home and Political Department, submitted before the Court that the His Excellency, the Governor of Assam was pleased to remit the life sentence of said Abdul Jabbar. It is also stated that complying the direction of the Hon'ble Supreme Court passed in W.P.(Crl.) No. 48/2014, the direction of the Central Government in the Ministry of Home Affairs dated 06.10.2013, following the Office Memorandum No. HMB.143/2014/Pt-II/194 dated 06.10.2015 of the State Government in the Home Department, after obtaining the opinion of the concerned Presiding Judge and exercising the power conferred under Section 432 read with section 433(A) of the Cr.P.C. as well as following the provisions of the Assam Jail Manual Rules 571(4), the said life convict AC/416 Abdul Jabbar has already been released from the District Jail, Morigaon.

In view of the above, this writ petition being infractuous stands closed.

Copy of the aforesaid Notification dated 01.03.2022 and other relevant instructions placed before the Court today by Mr. D. Nath, learned senior Government Advocate, Assam be kept as a part of the record.

JUDGE

Comparing Assistant