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2016 DIGILAW 776 (GAU)

ABU SHAMA v. STATE OF ASSAM

2016-08-16

AJIT SINGH, INDIRA SHAH

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JUDGMENT : Ajit Singh, J. The instant review petition has been filed by five petitioners, who are sons and daughters of Mustt. Majeda Khatun – Respondent No. 7 of the review petition. 2. Mustt. Majeda Khatun preferred a writ petition being WP(C) No. 644/2013 claiming for compensation and an enquiry to the circumstances leading to the murder of her husband – Siddique Ali in Sadiya Jail. It may be pertinent to mention herein that the Siddique Ali, who was also the father of the present review petitioners, was serving his sentence for rigorous imprisonment for life in Sadiya Jail in pursuant to the judgment and order of conviction passed by the learned Sessions Judge, Morigoan in Sessions Case No.21/2002. 3. This court vide judgment and order dated 14.6.2013, apart from other directions also directed the Government to pay an amount of Rs.3 lakhs as compensation to the petitioner within a period of three months from the date of the judgment. But later, Mustt. Majeda Khatun entered into second marriage with Md. Miraj Ali in the month of July, 2013, and left the instant review petitioners. Two certificates dated 6.1.2014 (Annexure-B and C) have been issued to this effect by the Goanburah of the village where Mustt. Majeda Khatun and the review petitioners used to reside together earlier, but she left her children after solemnizing marriage with Md. Miraj Ali in the month of July, 2013 and from enquiry, it is known that she is now residing at Guwahati. 4. The case of the review petitioners is that a sum of Rs.3 lakhs was directed to be paid as compensation by the Government to the dependents/legal heirs of Siddique Ali and since Mustt. Majeda Khatun has left them after solemnizing second marriage, a direction may be given to the State Government for paying the compensation to the review petitioners. 5. It is apparent from the judgment and order dated 14.6.2013 that the compensation was directed to be paid to Mustt. Majeda Khatun. The said writ petition was filed without impleading the present review petitioners and as such, it is crystal clear that the amount was directed to be paid to Mustt. Majeda Khatun only. A close scrutiny of the pleadings made in the writ petition reveals that it was contended that there were five minor children surviving at the time of filing of the aforesaid writ petition. Majeda Khatun only. A close scrutiny of the pleadings made in the writ petition reveals that it was contended that there were five minor children surviving at the time of filing of the aforesaid writ petition. However, in the judgment and order passed on 14.6.2013, it was not specifically mentioned that the amount of compensation was to be paid to the legal heirs of the deceased and it was simply mentioned that the same be paid to the writ petitioner. By directing as such, the court was under a belief that the writ petitioner, being the mother of four children – review petitioners, would maintain them from the amount of compensation. 6. From the record available in the writ petition, it transpires that Mustt. Majeda Khatun has already entered into second marriage leaving behind the review petitioners. Since the compensation was actually directed to be paid due to the death of father of the review petitioners, it is deemed, just and proper that the same may be paid to all the legal heirs including the review petitioners. There is no justifiable reason as to why they should be left alone and be deprived of their legitimate dues moreso when they are unemployed and have no sufficient source of income. On the other hand their mother - Mustt. Majeda Khatun has also left them, after solemnizing second marriage and as such, the judgment and order dated 14.6.2013 deserves to be reviewed and suitably modified. Accordingly, the same is modified with a direction that the compensation of Rs.3 lakhs as directed earlier be distributed equally amongst all the legal heirs of late Siddique Ali, including Mustt. Majeda Khatun. 7. The Review petition is allowed.