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2020 DIGILAW 691 (GAU)

Parul Majumdar Laskar v. Union Of India

2020-10-05

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate for the respondents no. 5 to 9 and Mr. S.S. Roy, learned counsel for the respondents no. 1 to 4. 2. The petitioners being six in numbers have instituted this writ petition with the following prayers: "(A) direct/command the respondents to exonerate the Petitioners as witnesses in the summary Court martial proceeding going on at Mashingpur Army camp against the Army personnel for the killing of Late Ikbarl Laskar; (B) direct/command the Respondents more particularly, the Respondent No. 4 take into account of the statement/deposition and cross of the Petitioner recorded earlier in the Court Martial Proceeding conducted at Mashingpur in the instant Summary Court Martial Proceeding; (C) and/or pass such further order/orders as this Hon'ble court deem fit and proper for the ends of justice; - AND - Upon the cause/causes being shown by the Respondents and on perusal of records and hearing the parties be pleased to make the Rule absolute. - AND - I N T E R I M P R A Y E R In the interim pending final disposal of this Writ petition, your Lordship may be pleased to pass an interim order suspending appearance of the Petitioners in the Summary Court martial Proceeding at Mashingpur army camp and / or use force to compel the Petitioners and their family members to appear as witness before the Summary General Court Martial at Agartala Military Station." 3. The prayer apparently shows that the petitioners are required to appear as witnesses in some summary court martial proceeding in Mashingpur Army Camp against the Army personnel for the killing of one, Ikbal Hussain Laskar. 4. The petitioners are apprehending that if they proceed for the Court martial they may be harassed, intimidated or being treated in any other manner unacceptable in law. But at a same time, such apprehension in the mind of the petitioners also cannot be reason that they may be exonerated from appearing as witnesses in the court martial proceeding. But atq the same time, we are of the view that the petitioners have a legal right to proceed to the place where they are required to give their evidence in a dignified manner upholding their right to be treated in a fair and human manner. 5. But atq the same time, we are of the view that the petitioners have a legal right to proceed to the place where they are required to give their evidence in a dignified manner upholding their right to be treated in a fair and human manner. 5. Considering the matter in its entirety, this writ petition stands disposed of by directing the authorities of the respondents no. 1, 2, 3 and 4 to inform the petitioners about the date, time and place, where they are required to go for deposing as witnesses. 6. The petitioners upon being properly informed shall proceed to the concerned place at the designated time and date for deposing as witnesses as may be required. But it is strictly made clear that the respondent authorities in no manner shall harass or intimidate or force the petitioners to give evidence in any manner which they may not desire to do so. The petitioners shall be allowed to give their evidence with open mind and in a free and fair manner. Any allegation that the petitioner may raise of any kind of harassment or intimidation shall be strictly viewed. 7. Certified copy of the order be provided to Mr. S.S. Roy, learned counsel for the Union of India for doing the needful. Writ petition stands disposed of in the above terms.