Page No.# 1/5 GAHC010154532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2208/2025 In WP(C)/1873/2024 RANA SAIDUR ZAMAN SON OF LATE ALHAZ RAHMAN ALI, RESIDENT OF HOUSE NO. 62, RAHMAN MANSION, SOUTH SARANIA, P.O.- ULUBARI, DIST.- KAMRUP(M), ASSAM, GUWAHATI- 781007. VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI- 781007. 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (SECURITY) SPECIAL BRANCH ASSAM KAHILIPARA GUWAHATI- 781019. 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE SPECIAL BRANCH ASSAM KAHILIPARA GUWAHATI- 781019. Page No.# 2/5 5:THE INSPECTOR GENERAL OF POLICE SPECIAL BRANCH (SECURITY) ASSAM KAHILIPARA GUWAHATI- 781019. 6:THE SUPERINTENDENT OF POLICE SPECIAL BRANCH (SECURITY) ASSAM KAHILIPARA GUWAHATI- 781019. 7:THE COMMISSIONER OF POLICE GUWAHATI CITY KAMRUP(M) ASSAM PIN- 781001. 8:THE DEPUTY COMMISSIONER OF POLICE (SECURITY) OFFICE OF THE COMMISSIONER OF POLICE GUWAHATI ASSAM PIN- 781001. 9:THE STATE SECURITY REVIEW COMMITTEE REPRESENTED BY ITS CHAIRMAN DEPARTMENT OF HOME AND POLITICAL GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,MR. D J DAS,N GAUTAM Advocate for the Respondent : GA, ASSAM, Linked Case : WP(C)/1873/2024 RANA SAIDUR ZAMAN SON OF LATE ALHAZ RAHMAN ALI RESIDENT OF HOUSE NO. 62 RAHMAN MANSION Page No.# 3/5 SOUTH SARANIA P.O.- ULUBARI DIST.- KAMRUP(M) ASSAM GUWAHATI- 781007. VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI- 781007. 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (SECURITY) SPECIAL BRANCH ASSAM KAHILIPARA GUWAHATI- 781019. 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE SPECIAL BRANCH ASSAM KAHILIPARA GUWAHATI- 781019. 5:THE INSPECTOR GENERAL OF POLICE SPECIAL BRANCH (SECURITY) ASSAM KAHILIPARA GUWAHATI- 781019. 6:THE SUPERINTENDENT OF POLICE SPECIAL BRANCH (SECURITY) ASSAM KAHILIPARA Page No.# 4/5 GUWAHATI- 781019. 7:THE COMMISSIONER OF POLICE GUWAHATI CITY KAMRUP(M) ASSAM PIN- 781001. 8:THE DEPUTY COMMISSIONER OF POLICE (SECURITY) OFFICE OF THE COMMISSIONER OF POLICE GUWAHATI ASSAM PIN- 781001. 9:THE STATE SECURITY REVIEW COMMITTEE REPRESENTED BY ITS CHAIRMAN DEPARTMENT OF HOME AND POLITICAL GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17-07-2025 Heard Shri K. N. Choudhury, learned Senior Counsel assisted by Shri R. M. Deka, learned counsel for the applicant, who by means of this application has prayed for stay of a communication under Memo No. ECP /Acctts/Reimburse/PSO/28/25/9277 dated 15.07.2025 issued by the Deputy Commissioner of Police (Admn), Guwahati Assam. It is the case of the petitioner that the issue regarding removal of PSO is Page No.# 5/5 pending in the connected writ petition being WP(C)/1873/2024 in which an interim order has been passed and is continuing. However, by disregarding the said position, the impugned communication has been passed. Shri H. Sarma, learned Addl. Senior Govt. Advocate has very fairly submitted that a communication appears to have been passed after an independent exercise on the aspect of threat perception, in which the aspect of the continuation of the interim order might have escaped the notice of the authorities. While this Court will not like to make any observation on the requirement or otherwise of a PSO for the applicant/writ petitioner, at this stage, this Court is of the opinion that when there is an interim order passed by this Court in the connected writ petition which is continuing, the impugned communication should not have been issued without taking leave of the Court or without the interim order being vacated. In view of the above, the communication dated 15.05.2025 shall remain suspended. The issue regarding the requirement of PSO would be decided in the connected writ petition. IA stands disposed of. The writ petition may be listed for admission hearing after 2 (two) weeks. JUDGE Comparing Assistant