MONJURUL ISLAM BARBHUIYA AND ANR v. THE STATE OF ASSAM AND 3 ORS
WP(C)/6576/2023 · 2025-05-13
Arun Dev Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 21295 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21295 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010255002023
2025:GAU-AS:5984
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6576/2023 MONJURUL ISLAM BARBHUIYA AND ANR S/O- LATE HARIS ALI BARBHUIYA, RESIDENT OF WATER WORKS ROAD, P.O. AND P.S. - SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788001.
2: RAHANA BEGUM BARBHUIYA W/O- MONJURUL ISLAM BARBHUIYA
RESIDENT OF WATER WORKS ROAD
P.O. AND P.S. - SILCHAR
DISTRICT- CACHAR ASSAM
PIN- 788001 VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06.
2:DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007.
3:SUPERINTENDENT OF POLICE CACHAR SILCHAR PIN- 788001.
Page No.# 2/3 4:OFFICER-IN-CHARGE SILCHAR SADAR POLICE STATION P.O. AND P.S.- SILCHAR ASSAM PIN- 788001 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR. SAYED SALIM AHMED,MR H R A CHOUDHURY,MR R I BHUYAN,MR. M H SAIKIA,MS. L WAJEEDA Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER 14.05.2025
1. Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. S. S. Ahmed, learned counsel for the petitioners. Also heard Mr. S. S. Roy, learned counsel representing the State respondents.
2. The present writ petition is filed with a grievance that the application of the petitioners, seeking police protection to them has not yet been considered by the competent authority.
3. It is the case of the petitioner that their minor son was killed by some miscreants on 11.03.2023 and a police case i.e. Silchar Sadar P.S. Case No. 491/2023 was registered under Sections 120(B)/302 of IPC. Apprehending further mischief, the petitioners submitted a representation before the Superintendent of Police, Cachar, on 29.03.2023 which was not acted upon.
4. This Court under its order dated 23.04.2025, directed the respondents to complete the exercise involved in the matter and apprise this Court about the decision so taken.
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5. It is submitted by Mr. S. S. Roy, learned counsel representing the State respondents that though a report has been forwarded by the Superintendent of Police, Cachar, however, the State Security Review Committee, Guwahati has not held any meeting in between and therefore, decision has not been taken.
6. The Superintendent of Police, Cachar, has also filed an affidavit wherein, he has taken a stand that threat assessment was made and report was initially forwarded but not as per format prescribed. Subsequently, a fresh threat assessment of report was transmitted as per prescribed formant to the State Security Review Committee, Guwahati.
7. In view of the aforesaid, what remains is that State Security Review Committee, Guwahati is to exercise its power and to take a decision in this regard.
8. In view of the limited scope of this writ petition, and as agreed to by the
learned counsel for the parties, this writ petition is disposed of by directing the State Security Review Committee, Guwahati to take note of the threat assessment report submitted by the Superintendent of Police, Cachar, Silchar and take a call on the claim of the petitioner. Whatever decision is taken, the same be intimated to the petitioner forthwith, after such a decision is taken.
9. Such exercise shall be carried out within a period of four weeks from the date of receipt of the certified copy of this order to be furnished by the petitioner before the respondent No. 2.
10. With the aforesaid, the present writ petition stands disposed of. JUDGE Comparing Assistant