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2016 DIGILAW 165 (TRI)

Rebika Debbarma @ Jamuna Debbarma @ Jamatia v. Union of India, to be represented by the Secretary of Home Affairs

2016-07-28

S.TALAPATRA

body2016
JUDGMENT : Heard Ms. P. Dhar, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. GA appearing vice Mr. J. Majumder, learned counsel for the respondents. 2. The petitioner has claimed to have surrendered as an extremist belonging to All Twipra Tiger Force (ATTF, in short) and to support such claim, she has produced a copy of the FIR regarding surrendered ATTF, UG lodged by one S.S. Raghuvanshi, Major, Adjt., 38 Assam Rifles on 07.12.2013, Annexure A/3 to the writ petition. 3. The grievance of the petitioner is that the surrender cum rehabilitation package as declared by the Ministry of Home Affairs, Government of India was not extended to her, despite her representation and notice to the competent authority and thus she has been compelled to file this writ petition seeking a direction on the respondents to extend her the benefits of the revised scheme for the Surrender-cum-Rehabilitation of Militants in the North East Scheme as circulated by the Ministry of Home Affairs, Government of India under their Scheme No.11011/66/98NEIV dated 10.05.2005. 4. By filing a counter affidavit, the State has categorically denied that according to the records the petitioner’s name does not surface as a surrendered extremist. In the paras 9 and 10, the following has been observed by the respondents: “9. That in reply to averments and/or contentions made in para 3 to 5, 7 and 8 of the petition I state that the petitioner was not interrogated by the Joint Interrogation Cell hence, no records are available with the answering State respondents. The petitioner is to prove her averments and/or contentions by producing documents to satisfaction of the Hon’ble Court. 10. That in reply to averments and/or contentions made in para 6 of the petition I state that the averments and/or contentions are matters of record. I further state that it is fact that, the Ministry of Home Affairs, Government of India against their Scheme No.11011/66/98NEIV dated 10-05-2005 has circulated a Revised Scheme for Surrender-Cum-Rehabilitation of Militants in the North-East. As per the eligibility criteria the benefits are given to those surrendered militants whose cases are recommended by the Screening Committee after proper scrutiny and duly proved by State Government.” In the para 11, it has been further stated that “........ As per the eligibility criteria the benefits are given to those surrendered militants whose cases are recommended by the Screening Committee after proper scrutiny and duly proved by State Government.” In the para 11, it has been further stated that “........ no such person named Smt. Rebika Debbarma @ Jamuna Debbarma @ Jamatia W/O Late Puspa Ram Jamatia @ Nokhar Jamatia of Badhachandra Para, P.S. Mandai has surrendered on 07-12-2013.” There is also no records available in the Mandai Police Station that the petitioner had surrendered on 07.12.2013. 5. Confronted with such stand as taken by the respondents, this court is of the considered opinion that the case of the petitioner shall be reconsidered by the Screening Committee as constituted, for purpose of extending the benefits of the said scheme. This direction is being given in view of the copy of the FIR dated 07.12.2013, Annexure A/3 to the writ petition. 6. For this purpose, the petitioner shall make a representation to the Inspector General, Intelligence who is the head of the Screening Committee, as stated by Mr. S. Chakraborty, learned Addl. GA along with a copy of this order and a copy of the writ petition that he has filed before this court. The Screening Committee shall consider such representation within a period of 3(three) months from the date of filing such representation and if it is found that the petitioner had surrendered as the extremist, then the petitioner shall be given all such benefits as she would have entitled if she is treated as the surrendered extremist within the meaning of the said scheme. In view of such direction, this writ petition stands disposed of. There shall be no order as to costs.