Page No.# 1/3 GAHC010245222025 2025:GAU- AS:15258-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)(Suo Moto)/1/2025 XX XX XX XX VERSUS 1: IN RE- MEMBER SECRETARY, ASSAM STATE LEGAL SERVICES AUTHORITY AND 7 ORS ASSAM 2:SECRETARY GAUHATI HIGH COURT LEGAL SERVICES COMMITTEE ASSAM 3:DISTRICT AND SESSIONS JUDGE, NALBARI ASSAM 4:DISTRICT AND SESSIONS JUDGE, SRIBHUMI ASSAM 5:STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL (B) DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-781006 6:INSPECTOR GENERAL OF PRISONS ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI-781022 7:SUPERINTENDENT, DISTRICT JAIL NALBARI ASSAM 8:SUPERINTENDENT, DISTRICT JAIL SRIBHUMI ASSAM For the Petitioner(s) : Mr. T.J. Mahanta, Sr. Advocate/Standing Counsel, Gauhati High Court, assisted by Mr. T. Gogoi, Advocate. For the Respondent(s) : Mrs. R.S. Chowdhury, Advocate for respondent No.1. : Mr. H.K. Das, Standing Counsel, Gauhati High Court, for respondent Nos.3 & 4. Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 12.11.2025 (Ashutosh Kumar, CJ) This writ petition (suo motu) has been taken up for the reason that the records of the criminal case of 4(four) of the jail inmates are not traceable and, therefore, 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. To state the background facts, the Assam State Legal Services Authority, in its endeavour to provide legal aid to convicts in Assam jails, found itself completely helpless in case of 4(four) of the 269 jail inmates regarding whom there were no records. We, therefore, direct the concerned District Judges of Nalbari and Sribhumi Courts, where those inmates were tried, to reconstruct the records on an urgent basis. In the meantime, the learned Advocate(s) entrusted with the task of defending those inmates, would file necessary application(s) for grant of bail after confirming from the jail records about the period of their custody. In case, there are no jail records available, as an interim measure, bail application(s) 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. Page No.# 3/3 The Member Secretary, High Court Legal Services Authority is further directed to assign the cases of those 4(four) inmates to Legal Aid Advocates for the needful. With the afore-noted observations and directions, the writ petition (suo motu) stands disposed off. JUDGE CHIEF JUSTICE Comparing Assistant