Page No.# 1/4 GAHC010004992026 2026:GAU-AS:2186- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/786/2026 SRI NIRANJAN BORO S/O LATE PANESWAR BORO R/O- SANGAIBARI, P.S. - MUKALMUA DIST. - NALBARI, ASSAM 2: SRI DEBEN CHOUDHURY S/O LATE PADMARAM CHOUDHURY R/O- NIZ BAHJANI P.S.- BELSOR DIST. - NALBARI ASSA VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY PUBLIC PROSECUTOR / GOVERNMENT ADVOCATE. 2:DISTRICT AND SESSION JUDGE NALBARI 3:INSPECTOR GENERAL OF PRISONS ASSAM PRISON HEAD QUARTER KHANAPRA GUWAHATI 4:SUPERINTENDENT DISTRICT JAIL NALBAR Advocate for the Petitioner : MS B R A SULTANA, Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.02.2026 (K.R. Surana, J) Heard Ms. B. R. A. Sultana, learned counsel for the petitioners and Mr. H.K. Hazarika, learned Junior Govt. Advocate for the State respondent. 2. The Division Bench of this Court in XX XX XX XX -versus- In Re Member Secretary, Assam State Legal Services Authority and 7 Ors, WP (C) (Suo Moto)/1/2025, disposed of by order dated 12.11.2025, had taken notice of the fact that four jail inmates, had served out their sentence and are still in custody in connection with the said case. Therefore, while directing the concerned District Judges of Nalbari and Sribhumi, where those inmates were tried, to reconstruct the records on an urgent basis, the following observations were made: “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. 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.” Page No.# 3/4 3. The learned Legal Aid Counsel, instead of complying with the directions contained in the order dated 12.11.2025, passed in WP (C) (Suo Moto)/1/2025, has filed a writ petition instead of praying for release of the petitioners from jail on bail. 4. This bench is bound by the order passed by the Co-ordinate Division Bench. Accordingly, the Member Secretary of the High Court Legal Services Authority shall take note of the observations made in the order dated 12.11.2025 and prefer a bail application as directed. 5. From the order dated 12.11.2025 passed in WP (C) (Suo Moto)/1/2025, it appears that the records of 269 jailed inmates have been lost. As this is a serious issue, as incarceration of a person beyond sentence period may, in a given case, amount to violation of human rights, we deem it appropriate that this matter be placed by the Registry relating to the missing of records of 269 jail inmates in the State of Assam before the PIL Committee for its kind consideration. 6. With the aforesaid observations, the writ petition stands closed. 7. This order shall be brought to the notice of the Registrar (Judicial). JUDGE JUDGE Page No.# 4/4 Comparing Assistant