Page No. 1/4 GAHC010162372026 2026:GAU-AS:11405 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4157/2026 SHRI TARUN SAIKIA AND ANR S/O LATE MUKHESWAR SAIKIA, RESIDENT OF VILLAGE- LEHUGAON, P.O.- CHARIALI, P.S.- BISWANATH CHARIALI, DISTRICT- BISWANATH, ASSAM, PIN- 784176. 2: SRI SATYA PRASAD SARMAH S/O LATE LALIT SARMAH RESIDENT OF VILLAGE- MADHUPUR P.O.- CHARIALI P.S.- BISWANATH CHARIALI DISTRICT- BISWANATH ASSAM PIN- 784176 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT MAGISTRATE BISWANATH DISTRICT- BISWANATH ASSAM PIN- 784176. 3:THE EXECUTIVE MAGISTRATE AND ELECTION OFFICER BISWANATH DISTRICT- BISWANATH ASSAM PIN- 784176. 4:THE DISTRICT SOCIAL WELFARE OFFICER Page No. 2/4 BISWANATH DISTRICT- BISWANATH ASSAM PIN- 784176. 5:THE SUPERINTENDENT OF POLICE BISWANATH DISTRICT- BISWANATH ASSAM PIN- 784176. 6:THE OFFICER-IN-CHARGE BISWANATH CHARIALI POLICE STATION BISWANATH DISTRICT- BISWANATH ASSAM PIN- 784176 Advocate for the Petitioner : MR. P BORDOLOI, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12.08.2026 Heard Mr. P. Bordoloi, learned counsel for the petitioners and Mr. N. Das, learned Junior Government Advocate, Assam for all the respondents. 2. In this writ petition instituted under Article 226 of the Constitution, the main grievance that is raised by the two petitioners is that the two houses, belonging to the petitioners, were sealed at the instruction of the respondent no. 2 pursuant to his Order dated 05.06.2026. From the Order dated 05.06.2026 [Annexure-E], it is noticed that two rehabilitation centres, ‘Live Well Rehabilitation Centre’ and ‘Pratigya Rehabilitation Centre’ were used to be run from the said two houses. Finding prima facie incriminating materials against the two entities running those two rehabilitation centres regarding assault and ill treatment of inmates, the respondent no. 2, by the Order dated 05.06.2026, had appointed an Enquiry Officer to Page No. 3/4 conduct a detail enquiry into the functioning of the two rehabilitation centres and also, directed to seal the two houses until further orders. The District Social Welfare Officer was directed to make immediate arrangement for safe relocation and accommodation of the inmates in suitable recognized rehabilitation centres. 3. This writ petition was filed by the petitioners on the premise that as a period of two months had passed since 05.06.2026, there might not be any further necessity to keep the two houses in sealed condition. 4. Taking into consideration the above submission made on behalf of the petitioners and considering the period of two months had already passed since 05.06.2026, this Court on 05.08.2026 requested the learned Junior Government Advocate, Assam to obtain instructions from the respondent authorities involved in the process of enquiry and sealing : whether there was any necessity to keep the two houses of the petitioners herein in sealed condition for any further period. 5. Today, Mr. Das, learned Junior Government Advocate, Assam has submitted that he has received written instructions from [1] the Senior Superintendent of Police, Biswanath in the form of Office Letter no. BSN/Crime/SR/2026/2329 dated 07.08.2026; [2] the District Magistrate, Biswanath in the form of Office Letter no. BNM.128/Enquiry/2026/49 dated 05.08.2026; and [3] the District Social Welfare Officer, Biswanath in the form of Office Letter no. DSWO[BN]/85/2026/04 dated 10.08.2026. Submitting that he has the permission to place those three Office Letters, Mr. Das has placed the same to the Court for perusal. 6. In the Office Letter dated 07.08.2026 of the Senior Superintendent of Police, Biswanath, it is mentioned that during the course of investigation conducted so far, no evidence has emerged indicating any criminal liability or active involvement of the two landowners of the two premises, that is, the two petitioners in the commission of the alleged offence and their role appeared to be limited as persons who had rented out the premises. It is further mentioned that as the investigation of the case is complete and a charge-sheet has been submitted, de-sealing and handing over possession of the two premises to the lawful Page No. 4/4 landowners are not likely to cause any prejudice. It is specifically mentioned that the premises are not required to remain under seal for the purpose of investigation as the material evidence required for investigation has already been collected and documented. 7. From the Office Letter dated 10.08.2026 of the District Social Welfare Officer, Biswanath, it can be noticed that the enquiry initiated pursuant to the Order dated 05.06.2026, is already complete as the Enquiry Officer has submitted a detailed Enquiry Report. 8. In addition, Mr. Das on the basis of the instructions received from the District Magistrate, Biswanath has submitted that as the investigation of the case is complete and a Charge-Sheet has been submitted by the Investigating Officer of the case, the premises of the petitioners are not required to remain under seal for the purpose of investigation. He has further submitted that the respondent no. 2 has no objection in de-sealing of the premises of the petitioners in the light of the Report submitted by the Senior Superintendent of Police, Biswanath on 07.08.2026. 9. On the basis of the afore-mentioned instructions received from the said three authorities, Mr. Das has submitted that the State respondents do not have any objection in de-sealing the two houses belonging to the petitioners immediately. 10. In view of the afore-mentioned instructions placed from the said three authorities and the submission made by Mr. Das, the writ petition is disposed of with a direction to the respondent no. 2 to de-seal the said two premises, which were sealed by an Order dated 05.06.2026, within a period of 1 [one] week from the date of receipt of a certified copy of this order from the petitioner. JUDGE Comparing Assistant