D/L Item No. 04 21.09.2026 KOLE 266462 WPA 25116 of 2025 Purlemba Ao -Vs.- The State of West Bengal & Ors. Mr. Samarjit Balial, … for the petitioner. Mr. Madhu Jana, Ms. P. Sonkar, … for the State. The petitioner is represented. The State respondents are also represented. I have heard the learned Advocates for the parties and considered the materials on record. Learned Advocate for the State has handed over a report dated September 11, 2026 prepared by the Officer-in-Charge, Law Cell, Directorate of Correctional Services, West Bengal. Let the same be kept with the records. A copy of the same has been handed over to the learned Advocate representing the petitioner. Learned Advocate representing the petitioner submits that the petitioner is a life convict who is undergoing life imprisonment at Medinipur Central Correctional Home in connection with an offence committed by him under Section 302 of the Indian Penal Code, 1860. It is further submitted that it will appear from the records of the case that the petitioner has already undergone almost 16 years of actual imprisonment as on date. 2 Learned State Advocate submits that the petitioner’s pre-mature release proposal has already been initiated and the same is likely to be placed before the next meeting of the State Sentence Review Board. Since the petitioner has completed 14 years of actual imprisonment, this Court finds that he has a statutory right for consideration of his case for remission under Section 432 of the Code of Criminal Procedure, 1973 (Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with the relevant rules of the West Bengal Jail Code relating to remission. Although the power of remission is primarily an executive function, this Court is of the view that the said authorities cannot keep the matter pending indefinitely. Any delay in consideration of the petitioner’s case for remission would amount to a denial of such valuable right guaranteed to him under law. Accordingly, this writ petition is disposed of with the following directions:- (i) The competent authorities/respondent authorities shall consider the petitioner’s case for remission in accordance with law, rules and applicable government policy; (ii) Such consideration shall be made objectively taking into account, inter alia, the petitioner’s conduct in custody, reports of the prison authorities, local police verification and all other relevant materials; 3 (iii) A reasoned order shall be passed within a period of ten weeks from the date of communication of this order; and (iv) The decision/reasoned order shall be communicated to the petitioner forthwith after the same is passed. It is made clear that this Court has not expressed any opinion on the merits of the claim of remission. The authorities shall act independently and in accordance with law without being influenced by any observation made in this order. Since no affidavits are called for, the allegations made in the writ petition are deemed not to be admitted by the respondents. Accordingly, this writ petition stands disposed of. All parties shall act on the server copy of this order, duly downloaded from the official website of this Court Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of necessary formalities. (Rishad Medora, J.)