Prachurjya Borboruah v. The Chairman, the Bar Council and Anr

ORDER Date : 25/06/2024 Vijay Bishnoi, CJ

Heard Mr. P. Borboruah, petitioner-in-person. We have also heard Mr. P.D. Nair, learned counsel appearing for respondent no.1; Ms. R.B. Bora, learned Government Advocate, Assam, appearing for respondent no. 2; Ms. T. Khro, learned AAG, Nagaland, appearing for respondent no. 3; Mr. A. Chandran, Addl. Sr. PP, Arunachal Pradesh, representing the respondent no. 5 and Ms. P. Bhattacharyya, learned AAG, Mizoram, representing the respondent no. 4. MC No. 37/2024 is preferred on behalf of the applicant with the prayer to restore the PIL No. 63/2023 which came to be dismissed on default vide order dated 29/05/2024 as none had appeared on behalf of the petitioner. The petitioner-in-person has submitted that he had failed to join the hearing on 29/05/2024 due to the situation arose on account of Cyclone Remel. Having heard the petitioner-in-person, we are of the view that the reason for non-joining the hearing by the petitioner on 29/05/2024 seems to be genuine. But taking into consideration the fact that the prayers made in the PIL No. 63/2023, we are of the considered opinion that no such directions, as sought for by the petitioner in the PIL No. 63/2023, can be issued in the nature of Page No.# 3/3 Mandamus to the respondents to the PIL. At this stage, the petitioner-in-person has submitted that liberty be granted to him to raise all the issues which were raised in this PIL before the Bar Council for Assam as well as other respondents. Liberty is granted. However, in view of the fact that we do not find any case for issuance of Mandamus on the basis of the grounds raised in the PIL No. 63/2023, no further order is required to be passed in the instant MC No. 37/2024. MC stands disposed of.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010113272024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/37/2024o PRACHURJYAoBORBORUAHo S/OoSRIoBIJONoBORBORUAH,oR/OoHOUSEoNO.o308,oBELTOLAoBASISTHAo ROAD,oBELTOLA,oGUWAHATI-781028,oP.O.-BELTOLA,oP.S.-HATIGAON,oDIST- KAMRUPo(M),oASSAM VERSUSo THEoCHAIRMAN,oTHEoBARoCOUNCILoANDoANRo 2NDoFLOOR,oGAUHATIoHIGHoCOURT,oGUWAHATI-781001 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oASSAMoPOLICEoHEADQUARTERS oULUBARI oGUWAHATI-781007 3:THEoDIRECTORoGENERALoOFoPOLICE oNAGALAND oNAGALANDoPOLICEoHEADQUARTERS oP.R.oHILL oKOHIMA-797001 oNAGALAND 4:THEoDIRECTORoGENERALoOFoPOLICE oMIZORAM oMIZORAMoPOLICEoHEADQUARTERS oKHATLA oAIZAWL oMIZORAM-796001 5:THEoDIRECTORoGENERALoOFoPOLICE oARUNACHALoPRADESH Page No.# 2/3 ARUNACHAL PRADESH POLICE HEADQUARTER CHANDRANAGAR ITANAGAR-791111 ARUNACHAL PRADES Advocate for the Petitioner : MR P BORBORUAH Advocate for the Respondent : SC, BAR COUNCIL BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM