The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them.

A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a suo motu PIL concerning the implementation of remission and premature release policies in the four States, pursuant to directions issued by the Supreme Court in SMWP (Criminal) No. 4/2021 and SLP (Criminal) No. 529/2021.

The Court was informed that all four States have remission policies in place and that a number of persons have been released on remission under the respective policies.

The High Court noted that the Supreme Court, in its judgment dated February 18, 2025, had held that an order granting or refusing remission must contain brief reasons. Such reasoned orders must be immediately communicated to the concerned convict through the prison authorities, with copies forwarded to the Secretaries of the concerned District Legal Services Authorities. The prison authorities must also inform the convict of their right to challenge an order rejecting remission.

Accordingly, the Court directed the respondents to file affidavits stating the number of convicts whose remission pleas had been rejected by the State Governments and whether the reasons for rejection had been communicated to them.

The Court further directed the States to ensure that, where remission is rejected, the concerned convicts are informed of their right to challenge the rejection order.

The Court also considered the Minutes of the Assam State Level Review Board meeting dated July 28, 2026, which examined the cases of nine life convicts for premature release/rejection. Of these, two were recommended for release on remission.

With regard to the remaining cases mentioned in the minutes, the Court directed the State of Assam to ensure that any rejection of remission is communicated to the concerned convicts, along with information that they have a right to challenge the reasons for rejection.

The matter has been listed next on December 1, 2026.

Case title: XX v. State of Assam & 7 Ors.

Case No.: WP(C)(Suo Moto)/2/2025

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