Supreme Court dismissed writ petitions challenging the release of Home Guards after their deployment for Covid-19 duties expired. The Court held that deployment was for a specific period to supplement police manpower and that releasing them after the stated term was not arbitrary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010154082020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4784/2020
SUJIT DEB AND 29 ORS S/O- SASHI CH. DEB, VILL- BEDRANG, P.S. KARIMGANJ, DIST.KARIMGANJ, ASSAM, PIN- 788710
2: JASHIM UDDIN S/O- ABDUL HANNAN VILL- KUCHIRKUNA P.S. BADARPUR DIST.- KARIMGANJ ASSAM PIN- 788710 3: SAYNUL HAQUE S/O- KABIR ALI VILL- PATIALA DIST.- KARIMGANJ ASSAM PIN- 788710
4: KABIR HUSSAIN S/O- AKADDAS ALI VILL- KHILURBAND DIST.- KARIMGANJ ASSAM PIN- 788710
5: DILWAR HUSSAIN S/O- ABDUL KHALIQUE VILL- ALONGJURI P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788710
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6: DEBASISH PODDAR S/O- PABITRA PODDAR VILL- BEDRANG P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788710 7: LITON RUDRA PAUL S/O- KALIPADA RUDRA PAUL VILL- MAIZGRAM P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788710 8: ANJAN KUMAR DEBNATH S/O- BRAJALAL DEBNATH VILL- MAMSGAON P.S. BAZARI DIST.- KARIMGANJ ASSAM PIN- 788710 9: ALOK BHOWMIK S/O- AJIT BHOWMIK VILL- TILBUM P.O. TILBUM DIST.- KARIMGANJ ASSAM PIN- 788710
10: NIDHU BHUSHAN NATH S/O- NIPENDRA CH. NATH VILL- MANEGAON DIST.- KARIMGANJ ASSAM PIN- 788710
11: KAMALESH DEB CHOUDHURY S/O- KARUNASIDHU DEB CHOUDHURY VILL- MAIZGRAM P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788710 12: GAFUR ALI
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S/O- MOTAHIR ALI VILL- PATIALA P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 13: RAMENDRA KUMAR NATH S/O- RABINDRA NATH VILL- DAPHALALA P.S. PATHARKANDI DIST.- KARIMGANJ ASSAM PIN- 788710 14: VASKAR MAZUMDAR S/O- BHUBANESWAR MAZUMDAR VILL- TILBUM P.S. BAGANCHARA DIST.- KARIMGANJ ASSAM PIN- 788710 15: RIAJ UDDIN S/O- SARKUM ALI VILL- PATIALA P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 16: SANJOY KR. NATH S/O- SUDHIR KR. NATH VILL- MARUGAON P.S. BAGANCHARA DIST.- KARIMGANJ ASSAM PIN- 788710 17: BURHAN UDDIN S/O- MUKADDAS ALI VILL- KACHUKAURI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 18: SABIR AHMED
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S/O- YEACHIN ALI VILL- KACHUKAURI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 19: AYNUL HOQUE S/O- ABDUL RAJJAK VILL- EAST TONSIBARI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 20: NIRMALENDU MALAKAR S/O- NRIPENDRA MALAKAR VILL- ISWARSREE P.S. NILAM BAZAR DIST.- KARIMGANJ ASSAM PIN- 788710 21: JITU DEY S/O- NANIGOPAL DEY VILL- AUENGABAD P.S. BADARPUR DIST.- KARIMGANJ ASSAM PIN- 788710 22: SAAD UDDIN S/O- ABDUL BARI VILL- EAST TONSIBARI P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 23: ABDUL JOBBAR S/O- RAIS ALI VILL- HARIKURI P.O. RAKESH BAZAR P.S. BADARPUR DIST.- KARIMGANJ ASSAM 24: SAMSUL ISLAM
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S/O- ABDUL MATIN VILL- SULLOGHORI P.S. PATHARKANDI DIST.- KARIMGANJ ASSAM PIN- 788710 25: BHANUMATI NAMASUDRA S/O- AMRIKA NAMASUDRA VILL- KAMARGRAM P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 788710 26: ARUN GOALA S/O- MUNIK GOALA VILL- LALKHIRA P.S. PATHARKANDI DIST.- KARIMGANJ ASSAM PIN- 788710 27: SHAHIDUL HOQUE S/O- MUSHAID ALI VILL- SHULOGHORI P.S. PATHARKANDI DIST.- KARIMGANJ ASSAM PIN- 788710 28: SHAHID AHMED S/O- KABIR ALI VILL- PATIALA P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 29: SADDAT ALI S/O- KABIR ALI VILL- PATIALA P.S. RATABARI DIST.- KARIMGANJ ASSAM PIN- 788710 30: SRIJON DEB
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S/O- JITENDRA DEB VILL- CHOMKURI P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 78871 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 3:THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM ULUBARI GHY-6 4:THE SUPERINTENDENT OF POLICE KARIMGANJ P.O. AND DIST.- KARIMGANJ ASSAM
5:THE COMMANDANT OF HOME GUARDS CACHAR SILCHAR ASSA
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/5233/2020
DIPAK MALAKAR AND 21 ORS S/O- NIBARAN MALAKAR R/O- VILL- HARINAGAR P.O.- PURBA HARINAGAR
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DIST.- KARIMGANJ ASSAM 2: SUDIP CHANDA S/O- LT. SUKHAMAY CHANDA R/O- VILL- RAJNAGAR P.O. PURBA HARINAGAR DIST.- KARIMGANJ ASSAM 3: AHMED ALI S/O- LT. SAFIQUE ALI R/O- VILL- BARUALA P.O.- BARUALA DIST.- KARIMGANJ ASSAM 4: RISHU NATH S/O- JATINDRA NATH R/O- VILL- SOUTH KALACHUP P.O.- EAST HARINAGAR DIST.- KARIMGANJ ASSAM 5: SECHANTA CHUTIA S/O- SUNU CHUTIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM 6: SUDIP NATH S/O- LT. SATYA RANJAN NATH R/O- VILL- LAKSHMI NAGAR P.O.- KADAMTALA DIST.- KARIMGANJ ASSAM 7: NARESH NATH S/O- LT. NARENDRA NATH R/O- VILL- KALINAGAR BASTI P.O.- KADAMTALA DIST.- KARIMGANJ ASSAM 8: SALIM UDDIN S/O- LT. SUKKUR ALI R/O- VILL- BARUALA
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P.O.- BARUALA DIST.- KARIMGANJ ASSAM 9: PINTU DEY S/O- DIPAK DEY R/O- VILL- CHAITANYANAGAR P.O.- MALUA DIST.- KARIMGANJ ASSAM 10: NIRONJU NATH S/O- LT. NIRODBARAN NATH R/O- VILL- KRISHNANAGAR P.O.- KRISHNANAGAR DIST.- KARIMGANJ ASSAM 11: SANJIB CHAKRABARTY S/O- LT. RASENDRA CHAKRABARTY R/O- VILL- DUALIA P.O.- DUALIA DIST.- KARIMGANJ ASSAM 12: BIKU RUDRA PAUL S/O- LT. MOHIT RUDRA PAUL R/O- VILL- DUTTAPUR P.O.- MARJATKANDI DIST.- KARIMGANJ ASSAM 13: ABDUR RAHMAN S/O- LT. SAMJID ALI R/O- VILL- GAMARIA P.O.- GAMARIA DIST.- KARIMGANJ ASSAM 14: SUDIP DAS S/O- SUBASH CH. DAS R/O- VILL- MAHAKAL P.O.- MAHAKAL BLOCK DIST.- KARIMGANJ ASSAM 15: NAJMUL HUSSAIN S/O- LT. MAYAR ALI
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R/O- VILL- DHALIBILL P.O.- DHALIBILL DIST.- KARIMGANJ ASSAM 16: NAZRUL ISLAM LASKAR S/O- ILIAS ALI LASKAR R/O- VILL- LAMAJUAR P.O.- LAMAJUAR DIST.- KARIMGANJ ASSAM 17: MRINMAY NATH S/O- LT. M. MUHAN NATH R/O- VILL- BAGHAN P.O.- KATALTALI DIST.- KARIMGANJ ASSAM 18: SUDIP KUMAR DEY S/O- LT. SUKUMAR DEY R/O- VILL- CHAITANYANAGAR P.O.- MALUA DIST.- KARIMGANJ ASSAM 19: AFTAR HUSSAIN S/O- MAKARAM ALI R/O- VILL- BAGLIGOOL P.O. ANGLAR BAZAR DIST.- KARIMGANJ ASSAM 20: TAPAS DEB S/O- DIGENDRA DEB R/O- VILL- SUPRAKANDI P.O.- GRISHGANJ BAZAR DIST.- KARIMGANJ ASSAM 21: RAJESH SAIKIA S/O- PARIMAL SAIKIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM
22: ASHOK KUMAR SAIKIA
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S/O- PROMESH SAIKIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-06 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 3:THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM ULUBARI GHY-07 4:THE SUPERINTENDENT OF POLICE KARIMGANJ P.O. AND P.S. KARIMGANJ ASSAM 5:THE COMMANDANT OF HOME GUARDS CACHAR SILCHAR ASSAM -----------Advocate for : MR. J M A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER
05.09.2022
Heard Mr. M.H. Ahmed, learned counsel for the petitioners and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for all the respondents.
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11.04.2020, the Deputy Inspector General of Police [A], Assam wrote to the Commissioner of Police, Police Commissionerate, Guwahati and all Superintendents of Police of the districts vide a letter no. FB/XIV/14/Pt/327 dated 11.04.2020 regarding allotment of 5000 additional Home Guards [Advanced Trained/Basic Trained] for an initial period of 2 [two] months from the date of engagement to supplement the existing manpower in Assam Police to deal with the situation which arose out of Covid-19 pandemic. It was informed by the said letter that the Government vide Letter dated 11.04.2020 had approved engagement of 5000 additional Home Guards [Advanced Trained and Basic Trained] for an initial period of 2 [two] months from the date of engagement to supplement the existing manpower in Assam Police to deal with the situation arose due to Covid-19 pandemic. In the said letter, the allotment of additional Home Guards district-wise was also mentioned in the annexure enclosed therewith. The Commissioner of Police, Police Commissionerate, Guwahati and the Superintendents of Police of all the districts were requested to take up the matter with the respective District Commandant, Home Guards to call out the allotted additional Home Guards and depute in their respective district/unit for an initial period of 2 [two] months from the date of engagement. The additional Home Guards so deployed were to be utilized in ensuring all measures undertaken in the battle against Covid-19 and their wages would be paid as per the existing Government notification.
2.1. Subsequent to the said letter dated 11.04.2020 of the Deputy Inspector General of Police [A], Assam, the Superintendent of Police, Karimganj vide letter dated 13.04.2020 wrote to the District Commandant, Home Guards, Cachar, Silchar [Assam] to depute 100 nos. of additional Home Guards immediately for a period of 2 [two] months from the date of deployment for duty in respect of situation which arose due to Covid-19 pandemic.
2.2. It was pursuant to the aforesaid 2 [two] communications regarding deployment of additional Home Guards in the districts due to the situation arose out of Covid-19 pandemic, 30 nos. of petitioners in the writ petition, W.P.[C] no. 4784/2020 and 22 nos. of petitioners in the writ petition, W.P.[C] no. 5233/2020 came to be deployed by the Superintendent of Police, Karimganj as per the instructions provided by the then District Commandant, Home Guards, Cachar initially for a period of 2 [two] months. The period of deployment was
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subsequently extended by another 3 [three] months. When the petitioners were in such deployment, a W.T. message was issued from the Superintendent of Police, Karimganj, on 17.09.2020 whereby all the Officers In-Charge of the Police Stations and In-Charge of the Outposts etc. in Karimganj had been directed to release and withdraw all additional Home Guards who were engaged in connection with the duties in relation to Covid-19 pandemic, w.e.f. 17.09.2020 as they had completed the extended period of deployment of 3 [three] months. It is the said release order issued vide W.T. message 17.09.2020 which the petitioners have assailed in these two writ petitions, with the prayer for a direction to the respondent authorities to continue the deployment of the petitioners as Home Guards either on Covid-19 duties or to re-engage them on normal duty of Home Guards.
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on, extended for another 3 [three] months. Considering the fact that the petitioners came to be deployed for a specific period in case of necessity and having regard to established position that Home Guards render voluntary services as an auxiliary force to assist the local police in case of necessity, this Court has not found any good and sufficient reason to interfere with the decision to release the petitioners who were deployed only for a period of 2 [two] months, by the W.T. message dated 17.09.2020. Consequently, the writ petitions are found devoid of any merits and the same are dismissed.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the Supreme Court can interfere with the decision of the respondent authorities to release Home Guards after the specified deployment period of 5 months during the Covid-19 pandemic.
Whether the deployment of Home Guards for a specific period to supplement police manpower during the pandemic being voluntary renders the release order arbitrary.
Whether the petitioners are entitled to be re-engaged continuously by the respondent authorities without specific necessity.
1 provisions across 1 enactments
Sujeet Deb and 57 Others
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
