Khaleda Bibi @ Khalida Bibi v. The Union of India and 6 Ors

ORDER Date : 01.05.2024

Mr. M. Hussain, learned counsel for the petitioner, Ms. B. Devi, learned counsel appearing on behalf of Mr. S.P. Choudhury, learned CGC, respondent no.1 and Mr. B.J. Talukdar, learned senior counsel, assisted by Mr. P.P. Medhi, learned counsel appearing for respondent nos. 2 to 7.

¶2The husband of the petitioner, namely, Usuf Ali had missing from

20.07.2012 and accordingly, Fakiragram PS Case No. 76/2016 under Section 366 IPC was registered. Thereafter, the petitioner had approached this Court by Page No.# 3/4 filing WP(C) 1858/2018, and prayed for payment of ex-gratia in terms of the Assam Victim Compensation Scheme, 2012. Accordingly, this Court by order dated 11.02.2022, directed the Secretary, DLSA, Kokrajhar to examine the claim of the petitioner for victim compensation. Thereafter, by order dated

21.03.2022, passed in connection with the proceeding of A.V.C.M. No. 7/2022, the Secretary, DLSA, Kokrajhar, found the petitioner to be entitled to revised victim compensation of Rs.5.00 lakh.

¶3The case of the petitioner is that the Secretary, DLSA, Kokrajhar has informed that as the Govt. of Assam has not released funds, the compensation to the petitioner could not be released. Hence, this writ petition has been filed under Article 226 of the Constitution of India.

¶4In this case notice of motion was issued by order dared 22.06.2023, but no response has been filed.

¶5It is seen that pursuant to the order of this Court dated 11.02.2022 in WP(C) 1858/2018, the Secretary, DLSA, Kokrajhar has made an enquiry and found the petitioner to be entitled to ex-gratia of Rs.5.00 lakh in terms of notification no. 524/15/Pt./190 (ECF 3861) dated 01.02.2019.

¶6As the State respondents have not disputed that the husband of the petitioner was missing since 20.07.2012 and there is no challenge to the order dated 21.02.2022 passed by the Secretary, DLSA, Kokrajhar in A.V.C.M. No. 7/2022, the Commissioner and Secretary to the Govt. of Assam, Finance Department is directed to place fund of Rs.5.00 lakh and the disposal of the DLSA, Kokrajhar within a period of 6(six) weeks from the date of receipt of certified copy of this order. On such payment being released, the Secretary, DLSA, Kokrajhar shall release the compensation to the petitioner. Page No.# 4/4

¶7Accordingly, this writ petition stands allowed to the extent as indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010130142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3617/2023o KHALEDAoBIBIo@oKHALIDAoBIBIo W/O-oUSUFoALI,o VILL-oDHALIGAON,o P.O.-oNEWoBONGAIGAON,o P.S.-oBONGAIGAON,o DIST.-oBONGAIGAON,oASSAM,o PIN-o783380. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,o GOVT.oOFoINDIA,oNEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM o DISPUR oGUWAHATI-06. 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-06. 4:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06. 5:THEoASSAMoSTATEoLEGALoSERVICESoAUTHORITY oREPRESENTEDoBYoITSoMEMBERoSECRETARY Page No.# 2/4 GHY-01. 6:THE DISTRICT LEGAL SERVICES AUTHORITY KOKRAJHAR ASSAM REPRESENTED BY ITS MEMBER SECRETARY P.O. AND P.S. AND DIST.- KOKRAJHAR ASSAM PIN- 783370. 7:THE CHAIRMAN DISTRICT LEGAL SERVICES AUTHORITY KOKRAJHAR ASSAM P.O AND P.S AND DIST- KOKRAJHAR BTR ASSAM PIN- 783370 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA