WP(C) 1663/2011 BEFORE HON’BLE MR.JUSTICE A.K.GOSWAMI By order dated 21.3.2011, this Court requested the learned Advocate General, Ass am to address the Court having regard to the nature of the issues involved in th e present petition. Mr. A.K.Phookan, the learned Advocate General, Assam is heard. Also hear d Mr. A.Thakur, learned counsel appearing for the petitioner. The petitioner has been sentenced to death by the trial Court in the yea r 1996. His appeal before this Court as well as before the Supreme Court had bee n dismissed. Presently, he is lodged in Guwahati jail. The petitioner has filed this application stating that after the death o f his father in the year 1999, his ailing mother has been left in extreme povert y and there is no body to look after her and prayed that an opportunity be given to him to see her before the petitioner meets the inevitable. It is stated that he had filed an application before the learned Chief Judicial Magistrate, Kamru p, Guwahati on 7.2.2011 praying for leave to afford him an opportunity to meet h is mother who is otherwise unable to meet him in the jail premises. It is his co ntention that under the provisions of Prisoners Act and Assam Prisons (Leave and Emergency Release) Rules, 1968, the petitioner is entitled to a short period of leave on the basis of the said application dated 7.2.2011 ( which is ,however, not in the record of the case). The learned Chief Judicial Magistrate, Kamrup, Guwahati had forwarded the said application to the Inspector General of Prison f or considering the prayer of the petitioner for grant of leave. The said applica tion being not attended to, the petitioner has no other alternative but to appro ach this Court seeking appropriate order from this Court. Mr. A.K.Phookan, learned Advocate General, Assam has pointed out that be cause of certain developments culminating into disappearance of a large number o f prisoners from jail on being granted leave by the Inspector General of Prison, Assam, the Division Bench of this Court, has directed withdrawal of the powers relating to grant and/or refusal of leave from the Inspector General of Prison, Assam. It is his submission that the Division Bench has vested the power to gra nt leave to the respective jurisdictional Chief judicial Magistrates. Mr.A.Thaku r, learned counsel appearing for the petitioner endorses the above statements ma de by the learned Advocate General, Assam and submits that the aforesaid factual position was not known to him at the time of filing of the present petition. In view of the aforesaid , the learned counsel for the petitioner has pr ayed that this Court may direct the learned Chief Judicial Magistrate, Kamrup, G uwahati to take on record the application filed by the petitioner on 7.2.2011 to grant leave, which had since been forwarded by him to the Inspector General of Prison, Assam. Considering the submissions of the learned counsel for the petitioner an d the learned Advocate General, Assam, I deem it appropriate to direct the learn ed Chief Judicial Magistrate, Kamrup, Guwahati to consider the application submi tted by the condemned prisoner, AC/ 2303 Mahendra Nath Das @ Govinda Das which w as forwarded by him to the Inspector General of Prison, Assam on 7.2.2011 by Mem o No. CJM( K ) 394/J. The learned Chief Judicial Magistrate is to consider and dispose of the application within a period of 10 days from the date of receipt of this order. T he learned Chief Judicial Magistrate, Kamrup, Guwahati will consider as to wheth er the leave as prayed for would be otherwise admissible to the petitioner in te rms of the extant Rules in force. With the above observations and directions, the writ petition stands dis posed of. A copy of this order be furnished to Mr.R.K.Borah, learned Addl. Sr. Gov t. Advocate, Assam assisting the learned Advocate General, Assam as also to Mr.A .Thakur, the learned counsel for the petitioner so that appropriate steps in the matter can be taken.