Asiran Nessa Bibi vs The State Of Assam And 4 Ors
2024 Latest Caselaw 2991 Gua

Gauhati High Court

Asiran Nessa Bibi vs The State Of Assam And 4 Ors on 3 May, 2024

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

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GAHC010056912024




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

                          Case No. : WP(C)/1574/2024

         ASIRAN NESSA BIBI
         W/O- LT. ISMAIL HUSSAIN, VILL- KAZAIKATA PART-VI, P.O. KAZAIKATA
         P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARYTO THE GOVT.
         OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06

         3:THE ASSAM STATE LEGAL SERVICES AUTHORITY
          REPRESENTED BY ITS MEMBER SECRETARY
          GHY-01

         4:THE CHAIRMAN
          DISTRICT LEGAL SERVICES AUTHORITY
          DHUBRI
         ASSAM
          PIN- 783301

         5:THE DISTRICT LEGAL SERVICES AUTHORITY
          DHUBRI
         ASSAM
          REPRESENTED BY ITS SECRETARY
          P.O. AND P.S. AND DIST.- DHUBRI
         ASSAM
          PIN- 78330
                                                                        Page No.# 2/3


Advocate for the Petitioner   : MR. M HUSSAIN

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 03.05.2024

Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned Addl. Senior Govt. advocate, appearing for respondent nos. 1, 4 and 5 and Ms. R.M. Baruah, learned standing counsel for respondent no.2.

2. The husband of the petitioner, namely, Ismail Hussain was allegedly murdered on 15.08.2010. Accordingly, Bilasipara PS Case No. 410/2010 was registered. However, by judgment and order dated 21.06.2017 passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No. 129/2013, the accused persons were acquitted. The prayer of the petitioner for victim compensation was rejected by the Secretary, DLSA, Dhubri by an order dated 03.05.2019. However, as no order was communicated to the petitioner, it is projected that without knowledge of the said order, the petitioner moved this Court by filing WP(C) 1553/2020 and this Court by order dated 13.03.2020 passed in WP(C) 1553/2020 disposed of the said writ petition by directing the Secretary, DLSA, Dhubri to dispose of the said application if not disposed.

3. On the copy of the said order was produced before the Secretary, DLSA, Dhubri, the said authority made a note on the application about its disposal. As copies thereof were not furnished to the petitioner, he applied for copy of the order by submitting a RTI application, which was also rejected. By a Page No.# 3/3

subsequent RTI reply dated 17.02.2024, copy of the said order was furnished to the petitioner and accordingly the said rejection order dated 03.05.2019 in respect of prayer for victim compensation, which was passed by the Secretary, DLSA, Dhubri is assailed in this writ petition filed under Article 226 of the Constitution of India.

4. Issue notice returnable on 10.06.2024.

5. As the learned Govt. advocate and departmental counsel have accepted notice on behalf of respondent nos. 1, 4 and 5, requisite extra copy of the writ petition be served on them in course of the day.

6. The petitioner shall take steps within two days for service of notice on the respondent no. 3 by registered post with A.D. In addition, copy of the notice and the writ petition be served on Mrs. R.S. Choudhury ,learned standing counsel for the State Legal Services Authority, Assam and upon service, an affidavit of service shall be filed prior to the next date of listing.

7. Pendency of this writ petition shall not be a bar for the Secretary, DLSA, Dhubri to examine the claim of the petitioner.

8. List 10.06.2024.

JUDGE

Comparing Assistant