Petitioner, a surrendered NDFB cadre, sought withdrawal of criminal proceedings under the Memorandum of Settlement. The state committee rejected the prayer due to heinous crime nature. The court disposed of the writ finding no survival for adjudication.
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GAHC010137562020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4015/2020
BINOD MUSHAHARY @ BATHA @ BIBAN S/O LATE TOREN MUSHAHARY RESIDENT OF VILLAGE DEOGURI PS RUNIKHATA, DIST CHIRANG, ASSAM
VERSUS
THE UNION OF INDIA AND 3 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,GOVT. OF INDIA, NEW DELHI 110001
2:THE JOINT SECRETARY (NE) MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI 110001
3:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY GOVT OF ASSAM DISPUR GUWAHATI 781006
4:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINICIPAL SECRETARY BTC KOKRAJHAR BTAD ASSA
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY
O R D E R
04.03.2022
Heard Mr. M. Biswas, the learned counsel for the petitioner. Also heard Mr. B. Goswami, the learned Additional Advocate General, Assam and Mr. S. Bora, the learned Standing Counsel for the BTC.
The petitioner herein is a former (surrendered) NDFB cadre. According to the petitioner, he has abjured violence and therefore, as per Clause-9.4 of the memorandum of Settlement entered between the Union of India, the State Government and NDFB the criminal proceeding pending against him is liable to the withdrawn. Accordingly, he filed the present writ petition with a prayer to consider his case as per the Clause-9.4 of the Memorandum of Settlement.
The learned Additional Advocate General, Assam submitted that pursuant to the said Clause, two committees have already been constituted by the Government of Assam for considering the cases for rehabilitation of the surrendered NDFB militant as well as reviewing further continuance of criminal cases against them excluding the one involving heinous crime.
The State has also filed an affidavit which reflects at paragraph 10 that the said Committee has considered the case of the petitioner and same being a heinous crime such prayer of the petitioner has been rejected.
In that view of the matter, nothing survives to be adjudicated in the present writ proceeding. However, liberty is granted to the petitioner to approach before
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the appropriate forum, if any further grievance with regard to the decision taken
by the Committee, remains.
In the aforesaid terms, this writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to withdrawal of criminal proceedings under the Memorandum of Settlement following surrender and abjuration of violence.
Binod Musahary @ Batha @ Biban
Union of India
The State of Assam
Bodoland Territorial Council
Arun Dev Chaudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
