In a startling development that exposes serious administrative lapses, the Gauhati High Court has taken suo motu cognizance of missing criminal records involving four jail inmates. The court expressed grave concern that the government has no information about the status of their sentences or even the cases in which they are incarcerated.
Court's Shocking Discovery
A bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury initiated the suo motu proceedings after discovering that the records of criminal cases of four jail inmates are not traceable. The situation came to light during the Assam State Legal Services Authority's efforts to provide legal aid to convicts in Assam jails.
The court noted with alarm that the inmates have been languishing in jail with no clarity about whether they have already completed their sentences. "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," the bench observed.
Immediate Court Directives
Faced with this unprecedented situation, the High Court issued several crucial directions to address the crisis. The bench has ordered the respective trial court judges from Nalbari and Sribhumi Courts to urgently reconstruct the missing 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," the court mandated. This reconstruction process is expected to bring clarity to the legal status of the affected inmates.
Legal Relief Measures Ordered
Recognizing the urgent need for legal intervention, the court has outlined specific measures to provide immediate relief to the affected inmates. The advocates representing the four prisoners have been directed to file bail applications after confirming their custody period from available jail records.
In a significant interim measure, the court clarified that if no jail records are available, bail applications can still be filed. These applications will be considered by an appropriate bench that will account for the long detention period, non-traceability of records, and the personal circumstances of the inmates.
The court specifically instructed that "the appropriate Bench 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."
Before concluding the proceedings, the court also directed the member secretary of the High Court Legal Services Authority to assign legal aid advocates to handle the cases of the four affected inmates, ensuring they receive proper legal representation in this complex situation.
