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2008 DIGILAW 430 (CAL)

Sankari Sarkar v. STATE OF WEST BENGAL

2008-04-23

AMIT TALUKDAR, PRABUDDHA SANKAR BANERJEE

body2008
JUDGMENT:- (1) JUSTICE is always above law. Yet, it has to be administered in accordance with the law. (2) RECONCILING with the later and by way of abiding with the former, our foray in the factual agony of the present Petitioner, which has charted this habeas Corpus Application begins. (3) ONCE upon a time there lived a Railway Man by the name of Shri nanda Kumar Sarkar attached to the Loco Workshop at the Asansol Division of the Eastern Railways. He superannuated from the Railways on 31. 10. 1993 and since then he was the recipient of pension from the Railways and other entitlements. (4) SINCE he suffered from some illness, Shri Sarkar was admitted at the Divisional Railway Hospital, Asansol, Therefrom he was referred to the B. R. Singh Hospital, Sealdah where he was admitted in the Surgical Ward in bed No. 9 on 22. 9. 1999. (5) SHRI Sarkar was reportedly found missing from the B. R. Singh hospital on and from 07/02/1999 and to this effect a General Diary No. 571 dated 7. 10. 1999 was lodged with the Narkeldanga Police Station (Respondent no. 8) by the concerned Authorities (Annexure-p1). (6) THE present Petitioner, who happens to be the spouse of Shri Sarkar made several representations before the Respondent No. 8 but Shri Sarkar could not be traced. (7) WAITING for a considerable period, since she could not get any information of her husband - she lastly approached the Respondent No. 4 (Annexure -p7) and as there was no response; she has taken out the present application praying for a Writ in the nature of a Habeas Corpus. (8) "a writ in the nature of habeas corpus directing the respondent authorities, their men, agents, associates and each of them to trace out the husband of your petitioner. " (9) THE Petitioner is the Spouse of Shri Nanda Kumar Sarkar and has filed this Writ in the nature of Habeas Corpus. (10) THE Writ of Habeas of Corpus is an exception to the general rule that a Petition for a Writ can be made only by the persons whose right has been infringed by the virtual action of the Respondents. As such, she has veritable right to move this Application. (11) SHRI Idris Ali, learned Counsel for the Writ Petitioner appearing with Ms. Aparna Samanta has canvassed several points in support of the application. As such, she has veritable right to move this Application. (11) SHRI Idris Ali, learned Counsel for the Writ Petitioner appearing with Ms. Aparna Samanta has canvassed several points in support of the application. (12) SHRI Ali has primarily impinged on the fact that since the Petitioners husband was under the care and custody of the Respondent No. 7 (Medical director of B. R. Singh Hospital, Eastern Railway, Sealdah); it was his bounden duty to have taken care of the Petitioner who was admitted under him. (13) SHRI Ali has primarily further submitted that it does not speak well of the Railway Authorities to simply shift or shirk their responsibilities by lodging a Missing Diary before the Respondent No. 8 (Officer-in-Charge, Narkeldanga p. S.). He suspects some foul-play in the matter and draws the attention of the court to the plight of the Petitioner and her family who goes bereft of any sustenance as her husband is missingand she is not receiving any pensionary benefit. (14) SHRI Ali has invited our attention to the fact that according to the general Diary Entry (Annexure - P-1), recorded before the Respondent No.8 on 07.10.99, the Petitioners Husband was absconding from that date. Whereas it would be curious to note that the Respondent No. 7 had, however, taken the diet charge of the Petitioner till 12.10. 99. Shri Ali on the basis of the said position suspects foul play. (15) SHRI Ali has prayed for issuance of a Writ in the nature of Habeas corpus for tracing out the missing husband of the present Petitioner. (16) LEARNED Public Prosecutor for the State with Ms. Hasi Saha on our request obtained a Status Report from the Respondent No. 2 (Deputy Commissioner of Police, Detective Department, Kolkata.). (17) LEARNED Public Prosecutor took a very pragmatic stand and shared the agony of Shri Ali over the issue of missing of the husband of the Petitioner. (18) LEARNED Public Prosecutor has referred to the Status Report and showed the Court that the concerned Respondents have taken adequate steps for tracing out the missing person. The Police Authorities have published the photographs of Shri Sarkar in the local Newspapers and have alerted every possible point. (19) LEARNED Public Prosecutor for the State has also showed from the status Report that the photograph of Shri Sarkar was telecast through doordarshan Kendra, Kolkata. The Police Authorities have published the photographs of Shri Sarkar in the local Newspapers and have alerted every possible point. (19) LEARNED Public Prosecutor for the State has also showed from the status Report that the photograph of Shri Sarkar was telecast through doordarshan Kendra, Kolkata. Efforts are still on for tracing out Shri Sarkar. (20) LEARNED Public Prosecutor for the State has submitted that no stones would be left unturned by the concerned Respondents for tracing out shri Sarkar and they are doing their best in this regard. (21) IN spite of receipt of Notice Respondent No. 7, The Medical Director, eastern Railway, B. R. Singh Hospital, Sealdah did not choose to appear. We recorded the factum of the same by our Order dated 26. 2. 2008 and requested shri Ali for the Petitioner to cause fresh Service. (22) ULTIMATELY, Shri Tapash Kumar Chatterjee, learned Railway advocate entered appearance on behalf of Respondent No. 7 on the strength of a Vakalatnama executed by Deputy General Manager, Eastern Railway, Calcutta. (23) IN a plain sheet of paper the Respondent No. 7 stated-"on 7.10.99 at 6. 00 A. M. Sri Nanda Kumar Sarkar was absconded from the ward, for which O.C./narkeldanga was informed vide this office letter dated 7.10.99 (C/4), 08/10/99 (C/2) and since then where about of the patient concern is not known to the undersigned". (24) SINCE we are not persuaded, we requested Shri Chatterjee, learned railway Advocate to file an Affidavit explaining his part of the job showing as to how the patient admitted in his Hospital has been untraceable since such long time and on what basis he forms an opinion that the soul mate of the petitioner has "absconded". (25) ACCORDINGLY, Shri Chatterjee had filed an Affidavit-in-reply affirmed by the Respondent No. 7 on 7.3.2008 by way of a Report which did not meet our query. (26) THEREAFTER, Shri Durga Das Purakayastha, learned Senior Counsel for the Railway Administration leading Shri Tapas Kumar Chatterjee, learned railway Advocate appeared and took part in the hearing and subsequently prayed for using an Affidavit. (27) WE Accordingl yallowed him time. (28) SHRI Purakayastha submitted an Affidavit affirmed by Respondent no. 7 on 7.4. 2008 captioned "supplementary AFFIDAVIT-IN-REPLY for and on behalf of the Respondent No. 7". (27) WE Accordingl yallowed him time. (28) SHRI Purakayastha submitted an Affidavit affirmed by Respondent no. 7 on 7.4. 2008 captioned "supplementary AFFIDAVIT-IN-REPLY for and on behalf of the Respondent No. 7". (29) SHRI Purakayastha questioned the maintainability of the Writ Petition and he virtually shifted the entire burden on the shoulder of the State respondents as. it was their duty to trace out the missing husband of the petitioner. (30) SHRI Purakayastha submitted that in the absence of the Union of india having been made a party the Writ Application suffered from the defect of non-joinder of parties. (31) SHRI Purakayastha referred to Section 108 of the Evidence Act and submitted that for the purpose of claiming Family Pension and other benefits it was open to the Petitioner to approach the Civil Court for obtaining the necessary directions in this regard. He was also of the view that since the petitioner had an alternative remedy by way of approaching the Civil Court and also the Railway Administration for necessary relief, this Writ Petition was not maintainable and deserved to be dismissed. (32) LASTLY, Shri Purakayastha concluded that in the absence of any demand justice being made before the Railway Administration it was not open to the Petitioner for moving this Application out right. (33) SHRI Purakayastha, learned Senior Counsel has taken a specific point that the Writ Application would not be maintainable as the Husband of the Petitioner cannot be said to be in illegal detention of Respondent No. 7. (34) EXPERIENCED with the submissions made at the Bar and on the basis of the appraisal of the materials put before us by way of Affidavits we proceed to assess the same in the light of the legal position. While doing so we have to apprise ourselves with regard to the law governing the field. (35) NOW against this background we have to appreciate our powers with regard to law of Habeas Corpus. The object of issuing the Writ of Habeas corpus is to ascertain whether there is any legal justification for the detention of the person in custody and the onus would lie on the person detaining him to show as to whether such detention was legal to justify the same. The object of issuing the Writ of Habeas corpus is to ascertain whether there is any legal justification for the detention of the person in custody and the onus would lie on the person detaining him to show as to whether such detention was legal to justify the same. (36) A Writ in the nature of Habeas Corpus is a prerogative Writ by virtue of which the causes and validity of detention of a person are investigated by summary procedure. If the Authority having his custody does not satisfy the Court with regard to the deprivation of his personal liberty is in accordance with the procedure established by law then the detenu shall have to be set forth at liberty. (37) SUCH jurisdiction cannot be used to usurp the ordinary administration of Criminal Justice. (38) THERE are two types of detention which can be investigated by virtue of exercise of power of Habeas Corpus by the Court. One is preventive detention by virtue of an order of the Detaining Authority; second is illegal detention of some one at the behest of another person. It is the latter type of detention that we have been purportedly asked to look into. (39) WE are aware that in the Writ of Habeas Corpus the Court is competent to issue directions upon the person, who is illegally detained by some one and after receiving the Return, if It is satisfied that the detention is an illegal one. It will at once direct the release of the said person. (40) NO doubt true that this is the conventional formula, which has to be kept in mind while entertaining a prayer for a Writ in the nature of Habeas corpus. However, the Court is equally competent to address Itself with situations such as this. (41) IT is axiomatic truth and has been a trite position that in a Writ of habeas Corpus which seeks to release of a person from illegal detention the court is limited with the power to assess the illegality of such detention but not the propriety of the same and cannot either punish the person detaining illegally or, afford any reparation to the person who has been wronged. (42) BUT, even in such a proceeding for Habeas Corpus the Court is absolutely competent to mould the relief so as to meet the exigencies of the situation and pass appropriate direction. (42) BUT, even in such a proceeding for Habeas Corpus the Court is absolutely competent to mould the relief so as to meet the exigencies of the situation and pass appropriate direction. (43) EXISTENCE of a legal right is the foundation of the exercise of jurisdiction by the High Court under Article 226 of the Constitution. Once that is proved the Court can proceed for the enforcement of such right. (44) BEFORE us is a gerontic lady who has approached the Court after having failed to hear about her Husband who was interned under Respondent no. 7. The later has failed to give any reasonable explanation in this regard. If we adopt a dehumanised adjudication it would not be just Justice. On the contrary, if we adopt a little judicial engineering and live within the campus of our judicial empathy under Article 226 we feel we will be true to the Constitution. (45) IN Latin, the word habeas Corpus means to bring the body. In the conventional term it is commonly understood that a Writ of Habeas Corpus is issued by the Court directing the person or Authority, who has detained a person to produce him in Court so as to enable the Court to know the grounds on which the said person has been detained and in the event if it is found on the basis of the Returns that there was no justification of such detention- the court will at once set him free. (46) IN England the law of Habeas Corpus has common law origin and practically, its history is lost in antiquity. In fact, it existed even before the days of Magna Carta (i.e. before the days of King John 1215 A. D.). (47) A Writ of Habeas Corpus has great Constitutional importance as it is available even to the weakest of the weak against the mightiest of the might. The sole purpose underlying the principle of this Writ is to enforce the right of liberty and personal freedom of a subject. In fact, it is a Writ of right and is granted as ex debito justiciae. (48) STRICT interpretation of Rule of Pleading and other legal claptrap does not stand in the way of a Habeas Corpus Application. It is a sacred constitutional privilege available to a person who feels that he has been wronged. In fact, it is a Writ of right and is granted as ex debito justiciae. (48) STRICT interpretation of Rule of Pleading and other legal claptrap does not stand in the way of a Habeas Corpus Application. It is a sacred constitutional privilege available to a person who feels that he has been wronged. (49) EARLIER, in the old Code of 1898, the provisions of Section 491, cr. P. C. empowered the High Court to issue directions in the nature of Habeas corpus in respect of illegal detention. But, however, after the advent of the constitution; in exercise of its powers under Art., 226 of the Constitution of India the High Court can not only use such discretionary power for the enforcement of the Fundamental Right but also for any other purposes for which the Writ or an order in the nature of Habeas Corpus can be issued. (50) OVER the years the law of Habeas Corpus has undergone a multidimensional change of complexion. From the preliminary concept of a Writ of such nature dealing with illegal detention of a person by an Authority and directing the later to produce the former so as to assess on the basis of a return, whether such detention is legal-the law in this regard has travelled far and wide. (51) NOW, the broader horizon of the Writ in the nature of Habeas Corpus are spread out beyond the orbit of release from the unlawful detention to every sphere of pain and suffering of persons even in legal custody and has been further widened with liberal interpretations of Art. 21 of the Constitution as to what is the concept of life. (52) THE law of the Writ in the nature of a Habeas Corpus has functional plurality and Constitutional regard for human decency and dignity. The said writ lies for variety of purposes relating to life and liberty of a person. (53) A galaxy of decisions by the Highest Court of the land has fructified the said position. We are of the view that the last word on the concept of law in the nature of Habeas Corpus and its maintainability, perhaps cannot be finally said since the same is inter-mingled with the concept of Art. 21 of the constitution. (53) A galaxy of decisions by the Highest Court of the land has fructified the said position. We are of the view that the last word on the concept of law in the nature of Habeas Corpus and its maintainability, perhaps cannot be finally said since the same is inter-mingled with the concept of Art. 21 of the constitution. (54) CHIEF Justice Chandrachud in Sher Sinqh v. State of Punjab, (1983)2 SCC 344 has held "the horizons of Article 21 are ever widening and the final word of its conspectus shall never have been said. So long as life lasts, so long shall it be the duty and endeavour of this Court to give to the provisions of our Constitution a meaning which will prevent human suffering and degradation. " (55) THE First Bench in Lakhi Chand Paswan and Anr. v. The State of west Bengal and Ors., (1998) 2 Cal LJ 155 has, in a more or less similar situation held while exercising the powers under Article 226 of the Constitution of India, which is a sovereign duty, it has to be for the enforcement of the Rights under articles 21 and 14 of the Constitution of India as well as ex debito justiciae, (56) EVEN in Chairman, Railway Board and Ors. v. Chandrima Das (Mrs.): (2002)2 SCC 465 the Supreme Court referring to the decision of Nilabati behera (Smt.) v. State of Orissa, (1993)2 SCC 746 , discussed the concept of the right to life in the light of Art. 21 and the public law remedies available and the question of payment of compensation etc. (57) STRICT rule of pleadings do not guide the course of a Writ in the nature of Habeas Corpus where ex debitio justiciae can be done. The prayer in such a proceeding, the Court is absolutely competent to mould the relief, so as to meet the exigencies of the situation and live upto its constitutional obligation to ameliorate the pain and suffering of a person whose Fundamental right has been violated [ See : State of Rajasthan v. Hindustan Sugar Mills, AIR 1988 SC 1621 . The prayer in such a proceeding, the Court is absolutely competent to mould the relief, so as to meet the exigencies of the situation and live upto its constitutional obligation to ameliorate the pain and suffering of a person whose Fundamental right has been violated [ See : State of Rajasthan v. Hindustan Sugar Mills, AIR 1988 SC 1621 . (58) IF this Court turns Its face to the plight of the Petitioner on technical grounds and spurns her prayer then it would not be substantial JUSTICE and this Court is afraid that the powers vested and the trust reposed under chapter -v of the Constitution of India by the Founding Fathers would be betrayed. (59) IN the light of the factual matrix put on record we will now make our foray into the averments in the Writ Application and see as to whether any relief can be granted to the Petitioner in the light of the objection of Shri purakayastha, learned Senior Counsel for the Railway Administration. (60) AT the out set we record our appreciation of the stand taken by the learned Public Prosecutor for the State. Learned Public Prosecutor for the state has taken a very pragmatic approach. He was of the view that fact remains the Husband of the Petitioner, who was undergoing treatment under the care and responsibility of Respondent No. 7, has been missing for all these years. (61) DEFINITELY, the Respondent No. 7 cannot escape its responsibility. (62) THE Report, submitted by Respondent No. 2, Javed Akthar, IPS, which is on record, shows the pain taken by the State Respondents in tracing out Shri Sarkar. The Respondent No. 2 has filed a detailed Report under his dated signature of 29.2.2008. We are deeply impressed with the empathy shown by Shri Akthar, IPS, who has, in fact, lived upto the occasion while filing a status Report in response to our Order passed on 26. 2. 2008. (63) IT is on the other hand the cold attitude of the Respondent No. 7 stultifies us and a totally insensitive approach has been adopted by the respondent No. 7. It has washed its hand off the entire issue with the detergent of technicalities. (64) IN fact, at the out set they did not show any courtesy to the High court by responding to the first Notice. It has washed its hand off the entire issue with the detergent of technicalities. (64) IN fact, at the out set they did not show any courtesy to the High court by responding to the first Notice. It is only after issuance of the second notice by Shri Ali they appeared and took a very casual and an indolent attitude being oblivious of their actual responsibilities and taking shelter under the garb of sterile technicalities. (65) HUMAN approach was lacking in a human issue. (66) THE tenor of both the Affidavits, filed by the Railway Administration, have been discussed in details by us earlier. We find that the Railway administration has not addressed itself to the issue in question; instead it has dodged the same in a ritualistic fashion, We do not feel inspired by the force of the same and would feel it convenient to ignore the same. (67) EVEN though we do not share a single happy moment with regard to the stand taken by the Railway Administration, we would discuss the issue raised with regard to the non-joinder of parties. (68) WE feel that this part of the submission of Shri Purakayastha is not of much consequence. The Respondent No. 7 has entered appearance after filing a Vakalatnama, executed by the Senior Deputy General Manager of the eastern Railway. The Union of India has not been formally made a party but, in our view, the same cannot have any deleterious effect on the fate of this writ Application since the principal cause of action related to Respondent No. 7 who has participated in the proceeding and the Railway Administration was represented by its learned Senior Counsel. (69) IN our view, we need not proceed any further in this direction. (70) WE have very carefully considered the entire gamut of submission advanced by Shri Purakayastha, learned Senior Counsel for the Railway administration. We cannot even for a moment be persuaded by his submission that the Petitioner has a viable alternative remedy. In view of the basic tenor of her Application it is manifestly clear that she had approached the Authorities. and after having failed to get any redressal as sought for filed a writ in the nature of Habeas Corpus. We cannot even for a moment be persuaded by his submission that the Petitioner has a viable alternative remedy. In view of the basic tenor of her Application it is manifestly clear that she had approached the Authorities. and after having failed to get any redressal as sought for filed a writ in the nature of Habeas Corpus. (71) WE cannot lose sight of the fact that we are not dealing with a conventional Writ Application and the various technicalities pointed out by shri Purakayastha, in our view, cannot have any impact. (72) A Writ in the nature of Habeas Corpus is a writ for remedy in all cases of wrongful deprivation of personal liberty. It is in the nature of a summary proceeding aiming to provide for a swift judicial review of alleged violation of the personal liberty of a subject. Being Custodians of the Fundamental Right it is our duty to protect such liberty within the peripheries of our constitutional power given to us under the Constitution. Technical approaches in deciding a writ in this nature should be avoided by the Court. The nature of this Writ has been widened and every day new leaves are added in this branch of law by liberal interpretation of Article 21 of the Constitution of India. (73) THE present Petitioner is the Spouse of a former Railway Man, shri Nanda Kumar Sarkar. She in her otherwise normal circumstances would have been leading the contented life with her geriatric soul mate reminiscing their yesteryears with the assured Pensionary Benefit and other entitlements from the Railways paving the way to a peaceful sunset years. (74) THE holocaust of a missing husband since 1999 has catapulated the Petitioner in the agony of not only suffering from the excruciating pain of being denied the solacing comfort of her soul mate fuelled by mental tension for his whereabouts but deprivation of her livelihood. How? (75) SINCE the days of Manoka Gandhi v. Union of India, AIR 1978 SC 597 Article 21 of the Constitution has received a new meaning and the right to live has been interpreted in a holistic fashion. This Article can be safely imbibed in this Application as a nearest port in the storm which has swept the life of the petitioner. (76) IT is not always that what is sauce for the goose is sauce for the gander. This Article can be safely imbibed in this Application as a nearest port in the storm which has swept the life of the petitioner. (76) IT is not always that what is sauce for the goose is sauce for the gander. We have to appreciate the position in the light of the fact that the missing of Shri Nanda Kumar Sarkar - the Superannuated Railway Man brings in its trail -gloom and despair in the Sarkars household which was otherwise complete with all the cheers of his superannuated years but the loss of pecuniary benefits without fuelling the fire of sustenance. Exposed to such pain owing to the loss of her life partner the Petitioner also suffers from the abject trauma of keeping intact her soul and body together and provide her a square meal which the pensionary benefits of her Husband had taken care of. (77) SHE has lost the right of a dignified life. In fact, her right to live with dignity has been jeopardized. (78) THE Husband of the Petitioner was admitted as an Indoor Patient under Respondent No. 7 and it was implied that the former was under the care and control of the latter. There must be some accountability in this regard. Simply by lodging a General Diary and shirking their responsibility the respondent No. 7 by way of taking shelter under garb of technicalities cannot escape its responsibilities. (79) INVESTIGATION of facts is not permissible in a Writ proceeding. But certain apparent facts cannot be ignored also. In view of the materials brought on record we find that the Husband of the Petitioner has been found missing while in the care and custody of the Respondent No. 7 which is an admitted position and they have a legal responsibility in this regard which they have not fulfilled. Since the Petitioner hereinabove has been denuded of her fundamental Right to live which is on account of the negligence and irresponsible action of Respondent No. 7, she is definitely liable to be compensated in this regard apart from other ancillary relief she is entitled to. (80) FROM the entire conspectus of the chain of events leading to the filing of this Application and the picture that emerges from the Affidavits we prima facie come to the conclusion that the Petitioner went missing on and from 7. 10. (80) FROM the entire conspectus of the chain of events leading to the filing of this Application and the picture that emerges from the Affidavits we prima facie come to the conclusion that the Petitioner went missing on and from 7. 10. 1999 while still undergoing treatment under the Respondent No. 7. Nowhere any explanation is forthcoming as to under what circumstances the subject was untraceable on and from the said date. The various explanations given by Respondent No. 7 does not inspire any confidence in the mind of the Court. (81) COUPLED with the fact that the Respondent No. 7 had affirmed an affidavit on 07. 3. 2008 outlining a brief history of absconding of the subject. We fail to understand how the question of "absconding" comes. But without going into the legal impact of the manner of expression of Respondent No. 7 we find a very strong feature in the said brief History submitted by the respondent No. 7 as Annexure-p-1 to the Affidavit filed by him on 07. 3. 2008. The said brief history shows in the penultimate paragraph- "incidentally, it is seen from the Bed Head Ticket, the patient-party paid full diet charges on 12. 10. 1999 by themselves. . . . . . . . . . . . . . . . . . . . . . " (82) BUT, in the third paragraph of the said Report the Respondent no. 7 puts on record- "as per hospital record the above-named patient was not found in bed No. 9 at 6 a. m. of 7. 10. 99 and Ward Doctor informed the Officer-in-charge, Narkeldanga Police Station, Kolkata immediately for kind help and needful. " (83) THESE two situations are absolutely irreconcilable. It creates a great doubt in the mind of the Court about the version put forth by Respondent No. 7. (84) AS soon as one takes a plain reading of the same, it will strike the mind of any prudent man that either something is being concealed or missing of the subject is under suspicious circumstances. (85) IT is not for us to suggest to the Petitioner as to whether she would approach the competent Court of law for her remedies, as suggested by Shri purakayastha, learned Senior Counsel for the Railway Administration. (85) IT is not for us to suggest to the Petitioner as to whether she would approach the competent Court of law for her remedies, as suggested by Shri purakayastha, learned Senior Counsel for the Railway Administration. But, we find that she approached the Respondent No. 7 with regard to missing of her husband (Annexure - p-2 collectively) and received no response. Shri purakayastha also could not enlighten us with regard to the same. It is nine years now that a person has been missing from a Health Care Institution, run by Respondent No. 7. We find from the Status Report, filed by Respondent no. 2 that they are quite alive to the situation and they have kept the heat alive on the issue and are on pursuit for tracing the missing subject. The Respondent no. 7 could be as apathetic and insensitive as possible. (86) IN the background of the aforesaid position we, feel it would be appropriate if we dispose of the present Writ Application with the following directions: 1. Respondent No. 2, who has filed the Status Report, would keep alive all possible efforts for tracking out the missing subject and keep the Petitioner periodically informed about endeavours taken by him in this regard. 2. The Respondent. No. 4 would also activate Respondents No. 5 and 6 and other functionaries including the concerned G. R. P. responsible to him for tracing out the missing subject and keep the petitioner abreast of their endeavoaurs. 3. The Petitioner whose Fundamental Right to live has been eroded on account of the irresponsible act of the Respondent No. 7 is directed to pay a compensation of Rs. 50, 000/- (Rs. Fifty Thousand) in favour of the Petitioner within a fortnight from this date so as to enable her to live. 4. The Petitioner would be entitled to approach any other Forum for the redressal of her claim of her legal remedies as known to law which will be considered without being guided by the disposal of this Writ application and the directions for payment of compensation. 5. Both the Respondents No. 2 and 4 will also cause publication of the photographs of the subject Shri Nanda Kumar Sarkar in the local newspapers and paste his photographs in prominent places like Railways stations, Government Offices and other establishments accessed by the public in general. 5. Both the Respondents No. 2 and 4 will also cause publication of the photographs of the subject Shri Nanda Kumar Sarkar in the local newspapers and paste his photographs in prominent places like Railways stations, Government Offices and other establishments accessed by the public in general. During the slot covering the news item of missing persons in the Radio Channel as well as in the Telvevision Channels information about the missing Shri Nanda Kumar Sarkar should be broadcasted and telecasted on regular intervals. (87) WHILE disposing of this Writ Application, we nurture a fervent hope that soon some day Shri Nanda Kumar Sarkar would be restored to the petitioner and the lost light and happiness in her life is again restored. Writ Application accordingly disposed of.