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2025 DAILYLAW 26678 (GAU)

MANORA BIBI v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6036/2025 · 2025-11-23

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010230132025 2025:GAU-AS:15913 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6036/2025 MANORA BIBI WIFE OF LT MAJER ALI @ MOJER ALI, VILL-TOKRABANDA , P.O.- CHIRAKUTA, P.S.-CHAPAR, DIST.- DHUBRI, ASSAM, PIN- 783348 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO 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 DISTRICT LEGAL SERVICES AUTHORITY DHUBRI REPRESENTED BY ITS SECRETARY P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301 5:THE CHAIRMAN DISTRICT LEGAL SERVICES AUTHORITY DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM Page No.# 2/4 PIN- 78330 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : GA, ASSAM, SC, ASLSA,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 24.11.2025 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General for the State respondents and Ms. R. S. Choudhury, learned Standing Counsel, Assam Legal Service Authority for the respondent No. 3. 2. By filing this writ petition, the petitioner has prayed for compensation under the Victim Compensation Scheme for an amount of Rs. 5,00,000/-. 3. The petitioner is the wife of Late Majer Ali @ Mojer Ali, who was stabbed with a dagger by some persons on 11.04.2009 resulting in his death. 4. The learned Session Judge, in Sessions Case No. 66/2006, has recommended payment of compensation in respect of the death of said Majer Ali @ Mojer Ali in terms of the provisions of Section 357A of Cr.P.C. Pursuant thereto, the competent authority passed an order dated 23.10.2024, the relevant portion of which is extracted below: “From the statement of the family members of the deceased and from the VDP secretary it reveals that the family members, the wife/father/children of deceased Page No.# 3/4 Majer Ali, have to undergo mental trauma and agony for the death of their husband/son /father. The loss so suffered by them cannot be compensated at any cost. However, some amount of Monetary Relief may alleviate the sufferings of the family members of the deceased. Therefore, in terms of the direction of Hon'ble Addl. Sessions Judge, Bilasipara, let an amount of Rs. 5,00,000/-(Rupees Five Lakhs) only be awarded to the family members of the victim from Assam Victim Compensation Fund. The amount be disbursed through cheque in the following ratio: - Let an amount of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) be awarded to applicant Manora Bibi, the wife of the deceased, an amount of Rs. 50,000/- (Rupees Fifty Thousand only) to Surman Ali, the father of the deceased, and an amount of Rs. 50,000/- (Rupees Fifty Thousand only) each to the children of the deceased Viz.- Abu Bokkar Siddique, Mojina Khatun, Chan Moni Khatun, Aysha Siddika. Of the final compensation amount, 75% shall be placed in a fixed deposit for a minimum period of three years, and the remaining 25% shall be made available for immediate use and initial expenses by the victims except the minor, namely Aysha Siddika. The matter is placed before the Hon'ble Chairman for approval.” 5. The learned counsel for the parties have fairly submit that the petitioner and other relatives/dependents of Late Majer Ali @ Mojer Ali are entitled to the compensation amount of Rs. 5,00,000/- as recommended by the competent authority. 6. Having considered the submissions of learned counsel for the parties and the order dated 23.10.2024 awarding compensation to the petitioner and the dependents, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to release and disburse the compensation amount as per the order dated 23.10.2024. Page No.# 4/4 7. Accordingly, the respondents are directed to release and disburse the compensation amount of Rs. 5,00,000/- to the petitioner and other relatives/dependents, in terms of the order dated 23.10.2024, within a period of 2 (two) months from today. Writ petition accordingly stands allowed and disposed of. JUDGE Comparing Assistant