Gauhati High Court: Seriousness of Crime Alone Cannot Be the Only Reason to Refuse Remission

The Gauhati High Court has ruled that the seriousness of a crime, by itself, cannot be the only ground for refusing remission or premature release to life convicts. Justice Manish Choudhury directed the Assam State Level Review Board to reconsider the cases of four prisoners who had spent more than 20 years in jail. Their requests for early release had either been delayed or rejected mainly because of the grave nature of the offences, despite positive reports regarding their conduct in prison.

The Court observed that remission is not an automatic right, but every eligible prisoner has the right to a fair and reasoned consideration of their application. Authorities must examine several factors before making a decision, including the prisoner's behaviour during incarceration, chances of rehabilitation, possibility of committing another offence, age, health, family circumstances, and whether continued imprisonment serves any meaningful purpose.

Referring to earlier Supreme Court judgments, the High Court clarified that the offence committed cannot be treated as the sole deciding factor. It also pointed out that if the opinion of the trial court is unclear, the Review Board should obtain a fresh opinion instead of indefinitely postponing the prisoner's application.

The Court further noted that one of the prisoners was over 75 years old, yet his age and medical condition had not been properly evaluated under the State's remission policy. Finding that the applications had not been assessed on all relevant considerations, the Court directed the authorities to place all four cases before the Review Board again and decide them afresh in accordance with law.