Mostab Ali Sheikh vs The State Of Assam And 3 Ors
2023 Latest Caselaw 2731 Gua

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GAHC010068622021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2629/2021

            MOSTAB ALI SHEIKH
            S/O LATE RUSTOM ALI
            VILLAGE GUTIPARA PART III
            PO GUTIPARA, PS BILASIPARA, DIST DHUBRI, ASSAM 783349



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI 06

            2:THE ASSAM STATE LEGAL SERVICES AUTHORITY
             REPRESENTED BY ITS MEMBER SECRETARY
             GUWAHATI 01

            3:THE DISTRICT LEGAL SERVICES AUTHORITY
             DHUBRI
            ASSAM
             REPRESENTED BY ITS MEMBER SECRETARY. PO
             PS AND DIST DHUBRIA
            ASSAM

            4:THE CHAIRMAN
             DISTRICT LEGAL SERVICES AUTHORITY
             DHUBRI
            ASSAM 78330

Advocate for the Petitioner   : MR. M HUSSAIN

Advocate for the Respondent : GA, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                      ORDER

Date : 24.07.2023

Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. Z. Hussain, learned counsel for all the respondents.

2. The case of the petitioner is that the petitioner is the father of the victim, Late Sahiton Nessa. The accused, Sattar Ali i.e. the husband of Late Sahiton Nessa has been convicted under Section 302, Indian Penal Code and sentenced to undergo rigorous life imprisonment and to pay fine of Rs. 15,000/-, with default stipulation, by a judgment dated 16.07.2018 and order dated 18.07.2018 passed by the learned Additional Sessions Judge in Sessions Case no. 26/2008. Subsequent to the judgment of conviction and sentence, the Secretary, District Legal Services Authority, Dhubri by an order dated 22.01.2020 passed in Case no. 09/2019 awarded a sum of Rs. 1,00,000/- to the petitioner as the total quantum of compensation under the Assam Victim Compensation Scheme, 2012. Aggrieved by non-award of the said minimum amount of compensation of Rs. 5,00,000/-, the petitioner has preferred the writ petition. It is the contention of the petitioner that as per the Schedule published by the Notification dated 01.02.2019 under the Assam Victim Compensation Scheme, 2012 as well as the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes- 2008 of the National Legal Services Authority [Annexure-3], the minimum amount of compensation in case of death is Rs. 5,00,000/-

3. For consideration of the case of the petitioner, a perusal of the case records Page No.# 3/3

of Case no. 09/2019 of the DLSA, Dhubri appears necessary.

4. Mr. Talukdar, learned Senior Counsel shall obtain the case records of Case no. 09/2019 from the DLSA, Dhubri.

5. List the case after the 2 nd week of August, 2023, on a date to be fixed by the office.

JUDGE

Comparing Assistant