Dismissed

Monowar Hussain v. the State of Assam and 5 Ors.

Gauhati HC2 Jun 2022WP(C)/3698/2022

Case brief

AI extract

What is this about?

A writ petition seeking directions to stop alleged harassment of the petitioner and his family was dismissed. After being shown a vigilance warrant requiring the petitioner's presence, the Court held that the matter be closed with liberty to approach the competent forum.

What did the court decide?

Petition dismissed with liberty to approach competent forum for redressal of grievances.

Monowar Hussain Vs the State of Assam… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010105262022

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

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Case No. : WP(C)/3698/2022

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MONOWAR HUSSAIN

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S/O- LATE NALU MAHAMMAD SARKAR, R/O- VILL.- KHARUABANDHA, P.O. FEKAMARI, P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, GOVT. OF ASSAM DISPUR, GUWAHATI-06.

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2:THE DGP ASSAM POLICE ULUBARI GUWAHATI-07.

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3:THE SUPERINTENDENT OF POLICE HATSINGIMARI SOUTH SALMARA- MANKACHAR ASSAM PIN- 783135.

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4:THE ADDITIONAL SUPERINTENDENT OF POLICE HATSINGIMARI SOUTH SALMARA MANKACHAR ASSAM PIN- 783135.

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5:THE OFFICER-IN-CHARGE SOUTH SALMARA POLICE STATION DIST. SOUTH SALMARA MANKACHAR ASSAM

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PIN- 783127.

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6:THE I/C KHARUABANDHA OUTPOST SOUTH SALMARA MANKACHAR PIN- 783135

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Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate)

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Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE NANI TAGIA

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ORDER

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02.06.2022

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[ N. Kotiswar Singh, CJ(Acting) ]

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Heard Mr. K.K. Mahanta, learned Senior counsel assisted by Ms. N. Begum, for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondents.

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2. This petition has been filed seeking appropriate direction to the respondents to stop harassment which has been alleged to have been meted out to the family members of the petitioner for reasons not known to the petitioner and accordingly, approached this Court for not only protection but also for a direction to the respondent authorities not to harass the petitioner and his family members.

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3. When the matter was taken up, Ms. Bhattacharjee, learned Additional Government Advocate, Assam, appearing for the respondents has produced before this Court a copy of the W.T. Message issued by the Superintendent of Police, C.M.'s Special Vigilance Cell, Assam,

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wherein it has been mentioned that there is a vigilance case registered being Vigilance P.S. Case No.05/2021 and directing the concerned police authorities in South Salmara district to locate and arrest Manowar Hussain, S/O Nalu Mohammad, Vill-Kharuabandha, PO-Fekamari, PS-South Salmara.

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4. Under the circumstances, we are of the view that the petitioner can take recourse to legal remedies available before the competent forum as it appears that certain case has been lodged against him and his presence is required in connection with the said case. A copy of the said W.T. message is furnished now to Mr. K.K. Mahanta, learned Senior counsel appearing for the petitioner.

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5. In view of the above position which has been brought to our notice, we are of the view that the petition can be closed with liberty to the petitioner to approach the competent forum for redressal of his grievances.

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Sd/- Nani Tagia Sd/- N. Kotiswar Singh JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Monowar Hussain v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Monowar Hussain v. the State of Assam and 5 Ors.

Case brief

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