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2020 DIGILAW 346 (GAU)

Suniram Tudu v. State of Assam

2020-03-04

MANISH CHOUDHURY

body2020
ORDER : Manish Choudhury, J. 1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Govt. Advocate, Assam, appearing for the respondent Nos. 1 and 3 to 8 and Mr. B.J. Talukdar, learned Standing Counsel, Revenue and Disaster Management (Relief and Rehabilitation) Department, Assam for the respondent No. 2. 2. The case projected on behalf of the petitioner is that he is a grandson of one Surjya Tudu, who was a cultivator by profession. On 22.11.1998, at about 3.00 o'clock, when Surjya Tudu and one Mantu Mardy were on their way to Karigaon Bazar, 6/7 unknown miscreants armed with deadly weapons, had waylaid them and tried to kill them. While Mantu Mardy managed to run away from the place saving his life, Surjya Tudu was abducted by those miscreants. On 23.11.1998, Mantu Mardy lodged a First Information Report (FTR, for short) before the Officer-in-Charge of Kokrajhar Police Station in respect of the said incident. On receipt of the said FIR, a police case being Kokrajhar Police Station Case No. 365/1998, came to be registered under Sections 147/148/149/365, Indian Penal Code (IPC in short). The case was, thereafter, investigated into. When no trace of Surjya Tudu could be found, the petitioner sought for intervention of the respondent authorities in the matter and to that effect, a number of representations were filed by the petitioner. On 22.03.2017, the petitioner had filed a representation before the respondent No. 2 i.e. the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management (Relief and Rehabilitation) Department with a prayer to provide an appropriate ex gratia grant in respect of his grandfather, Surjya Tudu, who had been abducted by the miscreants and whose whereabouts could not be traced out by the investigating authorities, despite investigation after registration of Kokrajhar Police Station Case No. 365/1998. The State Government in the Revenue and Disaster Management Department (Relief and Rehabilitation Branch) by a Notification dated 15.11.2014, has revised the quantum of relief, inter alia, in respect of the persons, who were killed/injured by the extremist violence/terrorist violence/acts of miscreants in respect of those persons, who were kidnapped or abducted by the extremists/terrorists/miscreants. 3. The respondent No. 6 i.e. the Superintendent of Police, Kokrajhar has filed an affidavit on 26.08.2019. 3. The respondent No. 6 i.e. the Superintendent of Police, Kokrajhar has filed an affidavit on 26.08.2019. It has been stated in the said affidavit, on the basis of the records available, to the effect that after completion of the investigation of Kokrajhar Police Station Case No. 365/1998, the case was returned in final report vide Final Report No. 127/2001 on 20.09.2001. It is observed therein that the case was proved but no clue could be found. It is further averred that the final report was, later on, accepted by the Court on 02.11.2010. It is also stated that when an application from the petitioner was received in respect of ex gratia grant, the Deputy Commissioner, Kokrajhar forwarded the same to the Superintendent of Police, Kokrajhar on 25.05.2017 to enquire into the matter. Accordingly, an enquiry report was submitted by the Superintendent of Police, Kokrajhar to the Deputy Commissioner, Kokrajhar on 18.07.2017 reaffirming the above facts. 4. The Notification dated 15.11.2014 has, inter alia, provided for an ex-gratia grant to the next of kins of a person who had been kidnapped/abducted by the extremists/terrorists/miscreants. If the age of the victim is above 18 years or above, the Notification has provided for an ex-gratia grant of Rs. 5,00,000/- (Rupees five lakh) only. The petitioner, being the grandson of Surjya Tudu, appears to be prima facie qualified as the next kin of the victim person. The abducted person has been missing since 1998 and despite lapse of more than 20 years in the meantime, no trace of the victim has been found by the investigating authorities. 5. Hence, this writ petition is disposed of with a direction to the respondent No. 4 to process the proposal of the claim of the petitioner for ex gratia grant and if the same is found to be in order, to place the same before the respondent No. 2 thereafter for consideration and on receipt of such proposal, the respondent No. 2 shall take the decision for release of ex gratia grant to the petitioner in terms of the Notification dated 15.11.2014. The entire exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order alongwith the copy of the writ petition by the respondent No. 4 from the petitioner. 6. The entire exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order alongwith the copy of the writ petition by the respondent No. 4 from the petitioner. 6. With the observation made and direction given above, this writ petition is disposed of. No order as to costs.