Three under trial prisoners addressed a letter to the High Court complaining, inter alia, that they were languishing in Jail for about four and a half year, all were callous and indifferent, none took care and attention to their- wretched and dismal plights. No person or authority cared to submit final report or charge-sheet in their cases during their 'longest days' in prison. They wailed about "man made injustices" which put to shame all, including who are connected with the administration of justice, police, protagonists of Human rights or civil rights, humanists, judicial officers and jail personnel. Indeed, they are poor and illiterate, lowly and perhaps "lost", who have no trumpets, media and drums to broad-cast about their rescue operation and that is why no person with human element ever thought about their miseries in jail. The letter contains nau­seating and flabber-gasted stories which appeared unbelievable, stories stranger than fiction. I found that the prisoners had no one able and competent to help them and their co-prisoners in Goalpara Jail. At the request of the Court an enquiry was made about their appalling conditions of the prisoners in Goal-para Jail on perusal thereof I had to hang my head in shame. They were arrested in February 1978 lodged in Goalpara Jail and since then the police forgot completely that the prisoners were locked in jail at their instance and it was their obli­gation to submit report in final form/charge-sheet, for over four and half year. The right to speedy trial is an integral part of Article 21 of the Constitution and prolonged detention is antithesis of the mandate contained therein. The prisoners being Indians having no means, could not speak and none spoke for them, none considered about the weights of the bondage of the pri­soners in Jail. Are the conditions of such prisoners better than 'the bonded labourers'? The latter have some freedom, some honour, some dignity, some means to enjoy life, but life, within the confines of cold walls is unbearable, more so when the detention is illegal. None came forward to provide legal and to them. No human being, humanist or protagonist of Civil Rights cared for them, so on the authority of HOSKOT : AIR 1978 SC 1548 -1978 Criminal Law Journal 1678, the Prisons Reforms Case of Sunil Batra AIR 1878 SC 1675 : 1978 Cri. None came forward to provide legal and to them. No human being, humanist or protagonist of Civil Rights cared for them, so on the authority of HOSKOT : AIR 1978 SC 1548 -1978 Criminal Law Journal 1678, the Prisons Reforms Case of Sunil Batra AIR 1878 SC 1675 : 1978 Cri. L. J. 1741 and Hussainara Khatoon's Cluster of Cases (1 to VI) : (1) (1980) 1 SCC 81 : 1979 Cri. L. J. 1036, (2) AIR 1979 SC 1360 /1377, (3) AIR 1979 SC 1369 (4) AIR 1979 SC 1819 , (5) AIR 1979 SC 1740 and Neimeon Sangma vs. Home Secy. Government of Meghalaya : 1979 Cri. L. J. 941: (1980) 1 SCC 700 : AIR 1979 SC 1518 , I noticed that the orders of the Supreme Court travelled beyond the immediate parties, and they were not confined to those cases alone. There was no rhyme or reasons for the prolonged imprisonment so I had to direct to set them at liberty on furnishing P. R. Bonds as I found no material in respect of the offences alleged against them and also for the failure of the police to submit charge-sheet against them. The order was rendered on 11.6.1982 in Criminal Misc. Case No. 165 of 1982. 2. There are myriad of prisoners in the State of Assam. In order to know at least the conditions of the prisoners in the Goalpara jail I thought it just and appropriate to call for certain reports and appointed an Advocate of this Court to enq­uire about the allegations. The report revealed dismal pictures, horrendous facts of sufferings, deprivation of liberty of poor and illiterate prisoners inside stoned walls, by unreason­able, arbitrary and unfair procedure, ignoring, over-looking, pay­ing no heed to the norms of justice guaranteed by and under Article 19 buttressed by Article 21 of the Constitution. I called for reports from various authorities, including the Inspector General of Prisons, Assam, Gauhati, Superintendent of District Jail, Goalpara, the District and Sessions Judge, Dhubri, Sub-Divisional Judicial Magistrate, Goalpara, Superintendent of Police, Goalpara. 3. The report submitted by Mr. S.N. Medhi, learned Advo­cate of this Courts who took the trouble of going personally to jail speaks in volume about "man-made injustice" caused to a large number of prisoners. It pictures authentic, genuine and veritable pictures of prisoner life in Assam. 3. The report submitted by Mr. S.N. Medhi, learned Advo­cate of this Courts who took the trouble of going personally to jail speaks in volume about "man-made injustice" caused to a large number of prisoners. It pictures authentic, genuine and veritable pictures of prisoner life in Assam. What we hear, read and also made to understand about the prisoner life in Assam appear to me unreal, fictitious and imaginary, perhaps counter­feit, I requested the Secretary, Law, Government of Assam, to assist the Court by submitting necessary information on the report but I did not receive any assistance from him nor did I find any help from any quarter except learned lawyers who have done best to enable the Court to right the wrongs. However, the endevours of the Court and the labour of the lawyers would be lost in wilderness and perhaps nothing would be done to ameliorate the prison condition. However, the only redeeming feature is that Mr. A. S. Bhattacharjee, learned Additional Senior Government Advocate, Assam assured me that the grievances of the prisoners shall be sympathetically considered by the Govern­ment would do their best and take action so that the injust­ices reported would not recur in future. Judiciary is one of the three limbs of the State. The three constituents have one prime object to uphold the Constitution and the law. It is the obligation of the State to remove tears from every eyes. It may not be feasible or workable to do so but at least some semblance of honest endeavour should be made by all to wipe some tears from some eyes, particularly of those who are poor, wretched and down trodden. 4. It is a constitutional obligation of the State and its instrumentalities to assure the dignity of the individual, to secure justice and promote equalities. The poor and down-troden have no means to demand justice. They suffer silently. Indeed, there are many who are doing immense services, however-s, individual action is perhaps not appropriate for any reform including "jail reforms". There must be co-ordinate and joint action to up-hold the fundamental rights enshrined in Article 19 (1) (d) and 21 of the Constitution of India particularly for up holding the cases of the poor. 5. They suffer silently. Indeed, there are many who are doing immense services, however-s, individual action is perhaps not appropriate for any reform including "jail reforms". There must be co-ordinate and joint action to up-hold the fundamental rights enshrined in Article 19 (1) (d) and 21 of the Constitution of India particularly for up holding the cases of the poor. 5. The report submitted by learned counsel contains the State of only one Jail in Assam : One report is enough to visualize things happening in other jails in Assam. Only a few instances of injustice are set out below. The first item contains that one young boy aged 12/13, Sub-has Roy was lodged in jail on 12.9.81 and he continued in Jail till 1982 free-mixing with hardened criminals for about 2 years. One can very well-realise the adverse effects of such dete­ntion, young mind was surely affected, coming in contact and mixing with the criminals living in vicious atmosphere. Now, it is not difficult to comprehend in what mental frame the boy came out from the jail. To avoid the danger, the Jail Manual has provided segregation of young persons. In violation thereof the boy was huddled together with the convicts and under-trial prisoners. It is not only the duty but also the obligation of the State under "the Directive principles" contained in Part-IV of the Constitution to see that the Children are given oppor­tunities and facilities to develop in a healthy manner and in condition of freedom and dignity and childhood and youths are protected against exploitation and against moral and material abandonment-vide Article 39 of the Constitution. The purpose of the directive principle is to fix certain social and economic goals for immediate attainment by bringing about a non-violent social revolution. Through such a social revolution the Consti­tution aims to fulfill the basic needs of the common man and to change the structure of our society. Without faithfully implementing the Directive Principles, it is not possible to achieve the Welfare State contemplated by the Constitution. It seems that all missed the obligation enshrined in Article 39 of the Constitution. It has been stated in various judgments, time out of number, that the Assam Children Act, 1970 should be bro­ught into force. Nothing has been done to this effect, as repor­ted at the bar. There is no alibi why the Children Act has not been enforced in Assam. It has been stated in various judgments, time out of number, that the Assam Children Act, 1970 should be bro­ught into force. Nothing has been done to this effect, as repor­ted at the bar. There is no alibi why the Children Act has not been enforced in Assam. The Jail Manual providing the provi­sion for keeping juvenile offenders in segregation in Jail is per­haps followed to be disobeyed. Otherwise, how could the child aged 12/13 years was allowed free mixing with the convicts in jail, which was not only violative of the provisions of the Jail Manual but also violative of the provisions of Article 39 as well. One Karim Ali was lodged in Jail for over one year in petty theft case. He complained that he was not produced in a Court for about 9 months. The report of the Inspector General of Prison, Assam stated that he was produced on 13 occasions from 22.6.81 and 30.12.81. However, the record shows that he was not produced fortnightly as enjoined in Section 167 of the Cr.P.C., 1973. The explanations for non-production was that he was required to be produced at Bongaigaon, across the river Brahmaputra about 30 K.Ms, away from the prison. In short, a prisoner is required to be ferried across Brahmaputra and transported 30 K.M. for his production and again taken back to the prison. How is it that there was a court of Judicial Magistrate at Bongaigaon without a sub-jail? The travelling expenses of the prisoners were surely very high. Instead of wasting money in transporting the prisoners in the manner the State Government should provide sub-jails at convenient places wherefrom the prisoners may be produced within a couples of hours. There is little purpose in having a Court without jail or sub-jail nearby. Prisoners are huddled up in a truck or van. Perhaps transportations of cattle are done in a more human and dignified manner. There is no explanation for the prolonged detention of the prisoners in jail. 6. Similarly Nurul Islam was lodged in jail for one year under similar conditions. Tilamuddin was in jail for about one year on charges under Sees. 457/380 I.P.C. Kishore Gurung was similarly in jail for over 2 years 2 months. Chittaranjan Roy, another under trial prisoner, was arrested in 1978, about 5 years back and he was in jail all through. Similarly Nurul Islam was lodged in jail for one year under similar conditions. Tilamuddin was in jail for about one year on charges under Sees. 457/380 I.P.C. Kishore Gurung was similarly in jail for over 2 years 2 months. Chittaranjan Roy, another under trial prisoner, was arrested in 1978, about 5 years back and he was in jail all through. One Gopal Sutradhar aged about 10/11 years was in jail for about 7/8 years and no charge-sheet or report in final form was submitted by the Police. Nur Mahammad aged about 17 years is in jail for 11 months on the allegation of commission of offences under Sees. 457/380 I.P.C. Similar is the condition of another under-trial prisioner Tiken Das. Narendra Rava was in jail for over 5 years. There are innumerable ''instances of prolonged detention of the prisoners without submitting charge-sheet or report in final form". One Nanda Roy was arrested in 1981, kept in jail for over two years for alleged commission of offence under sec. 4 of the Assam Liquor Prohibition Act. Interestingly, the maximum term of imprisonment prescribed under Sec. 4 of the Act is 2 years. No charge-sheet was submitted against him. He was in jail for over the maximum period of sentence of imprisonment that could be awarded against him, if at all he was found guilty of the offences. One Ajit Dey was in jail for over 2 years in connection with a case under Section 447 I.P.C. Perhaps, when the records were called, learned Magistrate considered that he should pay some attention and accordingly dis-charged him. It appears that some of the undertrial pri­soners were not produced fortnightly. There is no explanation why charge sheets could not be submitted against the prisoners and why were they kept in detention in violation of Article 21 of the Constitution. 7. I repeat the prolonged detention is violative of the mandates contained in Article 21 of the Constitution. The law laid down by the Supreme Court in the cases just referred are per­haps yet to be read, heard by those in charge of the Admi­nistration of Justice in Goalpara. Otherwise, there is no reason how such man made injustices could have been perpetrated upon poor persons. I am constrained to observe that legal education in this discipline is perhaps essential for the members of the Subordinate Judiciary. Otherwise, there is no reason how such man made injustices could have been perpetrated upon poor persons. I am constrained to observe that legal education in this discipline is perhaps essential for the members of the Subordinate Judiciary. I have no hesitation in stating that the Judicial Officers at Goalpara or Bongaigaon have failed to perform their constitutional duties and obligations under Article 21 of the Constitution. The Fundamental rights of the prisoners were ran over, crushed and flattened. It seems that the prison law is unknown in the district of Goalpara. It is high time the High Court impress upon the Judicial Officers, their obligations to the people. It also appears that the Legal Aid is not provided to the needy, poor and deserving persons. It is for the Government to take note of the necessity for providing Legal Aid to those who deserve. The Assam Legal Aid Rules of 1978 as amended falls, far short of the expectation of the people and they do not contain any provision to help such needy and poor person lodged in jail. Adequate means should be innovated to provide Legal Aid to such prisoners who need Aid. It appears that nothing has been done by the State for facilitating to up-hold the directive principles in Article 39(A) of the Constitution. It is the obligation of the State to see that the operation of the Legal system promotes justice on the basis of equal opportunity and to provide legal aid by suitable legislation or schemes to ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other dis-abilities. Nothing concrete has been done to implement the Directive Principles contained in 36(A) of the Constitution. It appears that the police and/or the investigating agencies have completely failed to per­form their duties. There is no explanation why in petty cases the investigation could not be completed. The Judicial Officers, in-Charge of the cases have also equally failed to perform their duties in not observing the mandates contained in Section 167 of the Criminal Procedure Code. I wonder how could the Judi­cial Officers permit the prisoners to languish in jail being compl­etely oblivious of the rights under the Constitution and the whole some provision of Section 167 of the Criminal Procedure Code. 8. I wonder how could the Judi­cial Officers permit the prisoners to languish in jail being compl­etely oblivious of the rights under the Constitution and the whole some provision of Section 167 of the Criminal Procedure Code. 8. There is another disheartening feature revealed in the report and no explanation could be submitted by any authority about the female undertrial prisoners lodged in jail for years. Smti. Sabitri Sarma aged about 16/17 years was under deten­tion under Section 109 Cr. P. C. on the expectations that she would be prosecuted under the Immoral Traffic Act. She was in jail for over 2 years. Smti. Swapna Sarkar, aged about 19 years is also in jail under Section 109 Cr. P. C. for the same period. Smti. Chandra Prava Kalita a child of 14 years was in the prison for about 3 months. Her offence was that she was a victim of rape. Smti. Padmabati who hails from Kerala was arrested in connection with offences under Section 448/332/333/506 I. P. C. She is in Jail for over one year. She has been kept in a separate cell on the ground that she was suffering from "mental imbalance". No explanation has been furnished as to why charge-sheet could not be submitted against these girls. Indeed only one of the prisoners was mentally imbalanced and I wonder how the other prisoners could Keep their calm and maintain their mental balance. Indeed these are flabbergasted, dismal, nay naus­eating stories of prison life in Assam. It is never too late to mend, I feel that it is the prime obligation of the State Govern­ment as well as the Judiciary to see that injustices are not caused to such poor human beings. I feel that a thorough enquiry should to made by the State Government to find out why the investigation could not be completed in all these cases and for taking appropriate action to improve the jail condition. 9. Before parting I would observe that in Koskot (Supra) the Supreme Court has set out the ingredients of "fair proce­dure" as contained in the expressions "procedure established by law" in Article 21. One of the illustrated ingredients is to provide free legal services to those prisoners who are indigent or otherwise disabled from securing legal assistance, where the ends of justice call for such services. One of the illustrated ingredients is to provide free legal services to those prisoners who are indigent or otherwise disabled from securing legal assistance, where the ends of justice call for such services. It is also pointed out that to provide legal aid is the State's responsibility under Arti­cle 21 of the Constitution. Article 8 of the Universal Declar­ation of Human Rights, Article 14(3) of the International Convenants on (Civil and Political Rights) also provide the State's responsibility to secure legal assistance to such persons. We have Article 39(A) as a "Fundamental Constitutional Directive". The law enunciated by the Supreme Court in the cases alluded must necessarily be obeyed by the State Governments and that too expeditiously In Hussainara Khatoon (No.1) (Supra) "Bhagawati, J, expressed in no uncertain manner the necessary steps-in-aid to speedy trial as under : "But one thing is certain and we cannot impress it too strongly, on the State Government, that it is high time that the State Government realised its responsibility to the people in the matter of administration of justice....it would not be enough merely to establish more courts but the State Government would also have to man them by competent Judges and whatever is necessary for the purpose of recruiting competent Judges, such as improving their condition of service would have to be done by the State Government, if they want to improve the system of administration of justice and make it an effective instru­ment for reaching justice to the large masses of people for whom justice is today a meaningless and empty word" (Emphasis supplied by me) I would add this much and no further that in the matter of investigation of cases the police administration must be gea­red up. Laxity is writ large in the matter of investigation of criminal cases. The constitutional obligation imposed by the constitution upon the State Government cannot wait any longer for its fulfillment and the State Government can possibly have no elibi for not carrying out the commands of the Constitu­tion. The judiciary is one of the 3 agencies created to look after the welfare of the people. We are not oblivious of the difficulties of the other organs. Judiciary is never a competing force. It is supplementary and complementary organ having the common goal, although the field of function of judiciary is quite distinct and separate. 10. The judiciary is one of the 3 agencies created to look after the welfare of the people. We are not oblivious of the difficulties of the other organs. Judiciary is never a competing force. It is supplementary and complementary organ having the common goal, although the field of function of judiciary is quite distinct and separate. 10. These are my observations on the state of affairs as revealed in the instant cases. I have been assured by Mr. A. S. Bhattacharjee, learned Add. Sr. Government Advocate that the State Government shall do the needful as required by and under the Constitution. 11. I cannot part with this judgment without recording my uninhibited appreciation of pains taking presentation of facts and law involved in the case by Mr. R. C. Choudhury, Advocate who appeared as Amicus Curiae to uphold the cause of justice. The intense labour put in by him in a very able manner helped me considerably in disposing of the case forthwith. I also record my appreciation for the pains taken by Mr. S. N, Medhi, learned Advocate for submitting the report. Let copies of the order be furnished to (1) the Registrar, (Judicial), Gauhati High Court, (2) the Secretary, Law, Gove­rnment of Assam and (3) the Inspector General of Prisons, Assam for doing the needful.