WP(C) 6283/2010. Gauhati High Court
| Case Number | WP(C) 6283/2010 |
| Judgement Date | April 20, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM, AND ARUNACHAL PRADESH)
Writ Petition (C) No.335/2011
Musstt. Saleha Begum Laskar,
Wife of Late Abdul Khalique Laskar, Resident of village Chiporsangion, Prt-I I I , P.S.- Algapur, District- Hailakandi, Assam.
…..Pet it ion er
-Versus-
-
Union of I ndia
Represented by the Secretary, Ministry of
Home Affairs, Government of I ndia, New Delhi.
-
57. Mtn., Artillery Brigade,
CO, 99, APO, Masimpur,
Represented by its Commander, Silchar, Masimpur, District- Cachar, Assam.
-
117/ 33 Field Regiment, South Hailakandi,
Manipur Camp,
Represented by its Lieutenant, Mr. Dhaka Naveen Kumar, Manipur Camp, South Hailakandi, District- Hailakandi, Assam.
-
State of Assam,
Represented by the Commissioner and Secretary to the Government of Assam, Home Department, Dispur, Guwahati-6.
-
Director General of Police, Assam,
Assam Police Headquarters, Ulubari, Guwahati-7.
-
Superintendent of Police, Hailakandi,
District- Hailakandi, Assam.
-
Deputy Commissioner, Hailakandi,
District- Hailakandi, Assam.
-
Officer-in-charge, Algapur Police Station,
District- Hailakandi, Assam.
…..Respon den t s
WP(C) No. 335 of 2011 WP(C) No. 6283 of 2010
WRIT PETITION (C) NO.6283/2010
Parul Mazumder Laskar,
Wife of late I kbal Hussain Laskar @ Alta, Resident of village Chiporsangon, Part-I I I , P.S.- Algapur, District- Hailakandi, Assam.
…..Pet it ion er
-Versus-
-
Union of I ndia
Represented by the Secretary, Ministry of
Home Affairs, Government of I ndia, New Delhi.
-
117/ 33 Field Regiment, South Hailakandi, Manipur Camp,
Represented by its Lieutenant, Mr. Dhaka Naveen Kumar, Manipur Camp, South Hailakandi, District- Hailakandi, Assam.
-
State of Assam,
Represented by the Commissioner and Secretary to the Government of Assam, Home Department, Dispur, Guwahati-6.
-
Director General of Police, Assam,
Assam Police Headquarters, Ulubari, Guwahati-7.
-
Superintendent of Police, Hailakandi, District- Hailakandi, Assam.
-
Deputy Commissioner, Hailakandi,
District- Hailakandi, Assam.
-
Officer-in-charge, Algapur Police Station, District- Hailakandi, Assam.
…..Respon den t s
BEFORE
HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN
Advocate for the Petitioners : Mr. A. R. Bhuyan, Adv.
Advocate for the Respondents : Mr. M. Phukan, C.G.C.
WP(C) No. 335 of 2011 WP(C) No. 6283 of 2010
Date of Hearing : 05-04-2017 & 20-04-2017
Date of Judgment : 20-04-2017
JUDGMENT AND ORDER (ORAL) (Ujjal Bhuyan,J)
Subject matter of both the writ petitions being inter-related, those were heard together and are being disposed of by this common order.
-
We have heard Mr. A. R. Bhuyan, learned counsel appearing for the
petitioners in both the cases and Mr. M. Phukan, learned Central Government counsel (CGC).
-
WP(C) No.6283/ 2010 has been filed by Parul Mazumder Laskar alleging
therein that her husband I kbal Hussain Laskar @ Alta was forcibly taken away by army personnel belonging to No. 117/ 33 Artillery Field Regiment stationed at Manipur Bagan bordering the State of Manipur in the district of Hailakandi (Assam) on 09.10.2010 at around 3.30 am. I t has been alleged that army personnel from the said regiment came to the residence of the petitioner on that day at around the same time and forcibly entered into her dwelling house. They took away her husband in her presence and in front of her 3 daughters. She has alleged beating and torture of her husband by the army personnel. Later on petitioner could learn that her husband was taken away by the army personnel to the army camp located at Manipur Bagan where he was tortured leading to his death. I t is the allegation of the petitioner that the dead body of her deceased husband was thereafter brought to the Silchar Medical College and Hospital. Petitioner lodged an FI R at about 3.30 pm on 09.10.2010 before the Algapur Police Station on the basis of which Algapur P.S. Case No.243/ 2010 was registered u/ s 365/ 302 of the I PC. On the allegation that police did not take any action, petitioner lodged a complaint before the Chief Judicial Magistrate, Hailakandi on 13.10.2010. Subsequently, the said complaint was merged with the police case already registered by the Algapur Police.
-
I t is in such circumstances that petitioner approached this court seeking
compensation for the death of her husband and also for prosecution of the erring army personnel.
WP(C) No. 335 of 2011 WP(C) No. 6283 of 2010
-
Notice in this case was issued as far back as on 26.11.2010.
-
Superintendent of Police, Hailakandi in his affidavit filed on 03.01.2011
stated that Algapur P.S. Case No.243/ 2010 was being investigated. It is stated that relatives of the victim along with retired Judge A. Borlaskar had approached the Superintendent of Police, Hailakandi immediately on the date of the incident. Superintendent of Police, Hailakandi stated that till such time he was not aware of the incident since no information was given to him by the army authorities. He then contacted the army authorities over phone whereafter Major Sandip of 117/ 33 Field Regiment informed him that one Ikbal Hussain Laskar was being interrogated by the army personnel in connection with his involvement in procurement and circulation of fake I ndian currency notes. He further stated that Deputy Commissioner, Hailakandi had granted Rs.50,000/ - to the family of the deceased on 10.10.2010 as ex-gratia payment. Army personnel also lodged a written complaint before the Algapur Police Station stating that they had conducted search operation at the residence of the deceased and they recovered fake I ndian currency notes worth Rs.2,500/ -. While the deceased I kbal Hussain Laskar was being taken to another place following disclosure made by him during his interrogation, he reported uneasiness whereafter he was taken to the Manipur PHC for treatment from where he was referred to the Civil Hospital, Hailakandi and thereafter to the...
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