Bhabakrishna Barman v. The State of Assam and 3 Ors

ORDER Date : 19.07.2024 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Senior Government Advocate. This Court by the earlier order dated 19.06.2024, upon perusal of the minutes of the State Security Review Committee placed before the Court in sealed cover by the learned Senior Government Advocate held that the SSRC i.e., State Security Review Committee in its minutes held that there is no threat perception on the materials placed before the committee, which falls for security cover of the writ petitioners. At that stage, this Court permitted the respondents to place the materials, on the basis of which SSRC came to a conclusion that there is no threat perception against the writ petitioners. Today, the learned Senior Government Advocate has placed before the Court in sealed cover the threat assessment report submitted by the Commissioner of Police, Assam, Guwahati on the basis of the information Page No.# 4/5 collected, as reflected in the threat assessment report to show that that Commissioner of Police has given a report that no specific threat was found against the writ petitioner and therefore, the withdrawal of the existing PSO was recommended. The learned counsel for the petitioner submits that threat perception is a dynamic concept, and, therefore, the situation which was reviewed by the SSRC may not be used as a basis for making threat perception, which may be faced by the writ petitioner in the future. He submits that this Court may direct the respondents to look into such complaints or apprehensions expressed by the petitioner in respect of his personal safety and security before the respondents authority, more particularly, the local police station thereafter give a fresh consideration to such threats or apprehensions that may be faced by the writ petitioner in the future. The submissions of counsel for the petitioner are not objected to by the learned Senior Government Advocate. Accordingly at this stage this Court find it appropriate to close the present writ petition giving the liberty to the writ petitioner to approach the respondents authorities including the Commissioner of Police/ jurisdictional Superintendent of Police in the event the petitioner faces fresh threat or apprehension of injury to his life and limb in the future. In the event, any such complaints are raised by the writ petitioner the respondent authorities will make a fresh assessment of such threats that may be faced by the petitioner and thereafter pass necessary orders for issuance of personal security, if required. The respondents will not rely on the threat perception reports placed before this Court to pass such orders as may be called for in respect of such Page No.# 5/5 threats as may be received by the writ petitioner in the future. In terms of the above direction, the writ petition stands closed and stands disposed of. Interim order, if any, shall vacated. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010076362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/2195/2024 BHABAKRISHNAoBARMAN SONoOFoLATEoPRAFULLAoBARMAN oRESIDENToOFoAEIoROAD oNEARoINDRADHANUoSANGHA oAMIYAoNAGAR oCHANDMARI oGUWAHATI-o781003 oKAMRUPo(M) oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo3oORS REPRESENTEDoBYoCOMMISSIONERoANDoSECETARY oHOMEoDEPARTMENT oGOVT.oOFoASSAM oDISPUR oGUWAHATI-o781006 2:THEoDIRECTORoGENERALoOFoPOLICE HEADQUARTER oULUBARI oGUWAHATI-o781007 o3:THEoADDITIONALoDIRECTORoGENERALoOFoPOLICEo(SB) ASSAM oKAHILIPARA oGUWAHATI-o7810 o4:THEoCOMMISSIONERoOFoPOLICE GUWAHATI oKAMRUPo(M) oGUWAHATI-o781001 o------------ Page No.# 2/5 Advocate for : MR. P K ROYCHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/2087/2024 MD. ANOWAR HUSSAIN S/O- LT. JABBAR ALI RESIDENT OF SANIADI P.O.- SANIADI P.S.- HAJO DISTRICT- KAMRUP(R) ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 7. 3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (SECURITY) ASSAM GUWAHATI. 4:THE DEPUTY COMMISSIONER KAMRUP(R) ASSAM AMINGAON. 5:THE SUPERINTENDENT OF POLICE KAMRUP(R) ASSAM. 6:THE OFFICER-IN-CHARGE HAJO POLICE STATION KAMRUP(R) ASSAM. Page No.# 3/5 7:STATE SECURITY REVIEW COMMITTEE REPRESENTED BY CHAIRMAN-CUM-ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-6. ------------ Advocate for : MR. J I BORBHUIYA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA