Khanashree Boro v. Niraj Verma and 2 Ors

ORDER

19.02.2024 Heard Mr I Haque, learned counsel for the petitioner. Also heard Ms R S Choudhury, learned counsel appearing for the respondent No. 2.

¶2This is an application under Section 12 of Contempt of Court's Act, 1971, read with Article 215 of the Constitution of India and Contempt of Courts(Gauhati High Court) Rule, 1977, alleging willful and deliberate violation of the order dated 24.07.2023, passed by this Hon'ble Court in WP(C) No. 7895/2022.

¶3The facts of the case is that this Court by order dated 24.07.2023, has directed the Commissioner and Secretary, Government of Assam, Home and Political Department, Dispur, to disburse an amount of Rs. 10,00,000/- (Rupees Ten Lakhs) only, within 45 days to Assam State Legal Services Authority, in respect of the petitioner's daughter in WP(C) No. 7895/2022, who is a specially abled rape victim, in terms of the Assam Victim Compensation Scheme, 2012. Though Rs. 5,00,000/-, out of the compensation was paid to the petitioner on 28.02.2023, since the balance payment, as directed by this Page No.# 3/3 Court was not paid within the stipulated time period, the present contempt petition was filed.

¶4Ms R S Choudhury, learned counsel for the respondent No. 2, has submitted that the respondent No. 2 by filling an affidavit-in-opposition, has brought on record that the balance amount, as directed by this Court has been paid.

¶5Mr I Haque, learned counsel for the petitioner submits that the order of the Court has been complied.

¶6A perusal of the said affidavit indicates that the balance of Rs. 5,00,000/- has been paid to the petitioner's daughter, on 09.02.2024. As such, the order of this Court has been complied.

¶7In view of the above, no contempt is made out.

¶8As such, the contempt petition stands disposed of, as dismissed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/9/2024o KHANASHREEoBOROo W/O-oNAGENoBORO,o R/O-oVILLAGEoTOPATOLIo(PART),o P.O-oTOPATOLI,o P.S-oKHETRI,oDIST-oKAMRUPo(M),oASSAM VERSUSo NIRAJoVERMAoANDo2oORSo IAS,o,o THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oHOMEo DEPTT,oASSAMoSECRETARIAT,oCMoBLOCK,oSECONDoFLOOR,oDISPUR,o GUWAHATI,oPIN-781006 2:RATNADIPoBHATTACHARJEE oMEMBERoSECRETARYoOFoTHEoASSAMoSTATEoLEGALoSERVICESo AUTHORITY oFIRSToFLOOR oOLDoBUILDING oGAUHATIoHIGHoCOURT oAToGAUHATI oASSAM oPIN-781001 3:JAYANToNARLIKAR oIAS o o THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT oASSAMoSECRETARIAT oFoBLOCK oGROUNDoFLOOR Page No.# 2/3 DISPUR GUWAHATI PIN-781006 Advocate for the Petitioner : MR I HAQUE Advocate for the Respondent : MRS. R S CHOWDHURY (R2) BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI