Ashraful Alom vs The State Of Assam And 3 Ors
2024 Latest Caselaw 42 Gua

Gauhati High Court

Ashraful Alom vs The State Of Assam And 3 Ors on 4 January, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010000452024




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

                          Case No. : WP(C)/23/2024

         ASHRAFUL ALOM
         S/O- ASMAN ALI MIAH,
         VILLAGE- KALAPANI,
         P.O.- KALAPANI,
         P.S.- MANKACHAR,
         DIST.- SOUTH SALMARA MANKACHAR,
         ASSAM, PIN- 783135.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         JUDICIAL DEPARTMENT, DISPUR,
         GUWAHATI- 781006.

         2:THE EXECUTIVE CHAIRMAN
         ASSAM STATE LEGAL SERVICES AUTHORITY (ASLSA)
          LATASIL
          DIGHALIPUKHURI
         GUWAHATI- 781001.

         3:THE CHAIRMAN OF DISTRICT LEGAL SERVICES AUTHORITY (DLSA)

          SOUTH SALMARA MANKACHAR- CUM- DISTRICT AND SESSIONS JUDGE

         SOUTH SALMARA MANKACHAR

         P.O.- FEKAMARI

         DIST.- SOUTH SALMARA MANKACHAR

         ASSAM
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            PIN- 783135.

           4:ROFIQUL ISLAM
            S/O- ABDUL SALAM
            VILLAGE- KALAPANI (LAKHISHORIF)
           P.O.- KALAPANI
           P.S.- MANKACHAR
           DIST.- SOUTH SALMARA MANKACHAR
           ASSAM
            PIN- 783135

For the petitioner (s)     : Mr. M. R. Khandakar, Advocate

For the respondent (s)     : Mr. J. K. Goswami, Advocate

Mrs. R. S. Choudhury, Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

04.01.2024

Issue notice making it returnable on 29.01.2024.

2. Mr. J. K. Goswami, the learned counsel appears on behave of the respondent No.1 & 3. Mrs. R. S. Choudhury, appears on behalf respondent No.2.

3. As the respondent Nos.1 to 3 are duly represented by their respective counsels, extra copies of the writ petition be served upon them during the course of the day.

4. As regards the respondent No.4, the petitioner is directed to take steps by way of registered post with A/D as well as through usual process by tomorrow, i.e. on 05.01.2024 and further to that, the petitioner is also directed to take steps upon the respondent No.4 by way of dasti routed through the Registry of this Court and file an affidavit of service on or Page No.# 3/3

before the next date.

5. The case of the petitioner herein is that the respondent No.4 does not have the qualification for being selected as the Deputy Chief Legal Aid Defence Counsel as the said respondent No.4 does not have the qualification of judgments in five Sessions Cases as defence lawyer as well as he has not conducted cross-examination in five Sessions Cases.

6. The learned counsel for the petitioner, therefore, submits that the selection of the respondent No.4 be stayed pending notice.

7. It is the opinion of this Court that without hearing the respondent No.4 as well as also without taking into account the instructions from the Respondent Authorities, stay at this stage will not be in the interest of justice. Under such circumstances, this Court is not inclined to stay the selection of the respondent No.4 in terms with the order dated 18.12.2023. However, it is made clear that the selection of the respondent No.4 would be subject to the outcome of the writ petition.

8. Be that as it may, the interim prayer shall be considered on the next returnable date.

9. List accordingly.

JUDGE

Comparing Assistant