Ziaur Rahman v. The State of Assam and 5 Ors

ORDER 08-12-2023 (M.R.Pathak, J) Heard Ms. S Goswami, learned counsel for the petitioner and Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondents.

¶2It is contended by the petitioner that he is the Secretary of the Village Defense Party of Village-Rakhalkilla Sattabari of District-Goalpara and that he complained about illegal trafficking of sand, wood, stone etc. from his village and also reported the same before the police as well as the forest department.

¶3As those authorities did not take any steps restraining such illegal trafficking, he exposed those criminal acts of the syndicate in social media and later in news channels when they approached him.

¶4Thereafter, on 04.11.2022, he was summoned by the police of Lakhipur Police Station of District-Goalpara. But, instead of appreciating such good work, he was threatened and further, the respondent No. 6, Forest Range Officer, Lakhipur, Goalpara as well as other police personnel from Lakhipur Police Station tortured him physically and mentally.

¶5It is also contended by the petitioner that he was arrested in connection with Lakhipur Police Station Case No. 92/2023 registered under Sections 420/384/506 of IPC and was later released on bail by the learned Chief Judicial Magistrate, Goalpara.

¶6Hence, this writ petition by the petitioner for a direction to the respondent authorities to enquire into the matter and to stop the act of humiliating him.

¶7Pursuant to the order dated 04.12.2023, Mr. P Sharma, learned Additional Senior Government Page No.# 3/3 Advocate, Assam has placed before the Court that after investigating the matter of said Lakhipur P.S. Case No. 92/2023, Charge-Sheet has already been filed on 30.04.2023, in which the petitioner is one of the charge-sheeted accused and the matter is presently pending before the learned Chief Judicial Magistrate, Goalpara in PRC Case No. 579/2023 and that the next date of appearance is fixed on 20.12.2023.

¶8We have seen that the petitioner, without filing any FIR before the concerned Police Station regarding the alleged torture and humiliation to him by the alleged accused persons including the local forest officials and police personnel from Lakhipur Police Station and also without filing any complaint before the Assam Police Accountability Commission, has preferred this writ petition.

¶9Considering the fact that there are sufficient alternative remedies available to the petitioner for redressal of his grievances in approaching the appropriate authorities, this Court is not inclined to admit this writ petition.

¶10Accordingly, this writ petition stands dismissed.

¶11However, the petitioner, if so advised, may approach the appropriate forum for redressal of his grievances in accordance with law.

¶12Copy of the report submitted by the Superintendent of Police, Goalpara through Mr. P Sharma, learned Additional Senior Government Advocate, Assam pursuant to the order dated

04.12.2023 be kept as part of the record.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010212532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oW.P.(Crl.)/34/2023o ZIAURoRAHMANo S/O-oLATEoMAHEDoALI,o VILLAGE-oRAKHALKILLAoSATTAoBARI,o P.O-oSIMLABARI,o P.S-oLAKHIPUR,oDIST-oGOALPARA,oASSAM,oPIN-783330 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoDEPARTMENTo oDISPUR,oGHY-06. 2:DIRECTORoGENERALoOFoPOLICEo oGOVT.oOFoASSAM o oULUBARIo GUWAHATI-07 3:SUPERINTENDENToOFoPOLICE oGOALPARA 4:OFFICERoINoCHARGE oLAKHIPURoTHANA oGOALPARA 5:OFFICERoINoCHARGE oDHUMERRoGHAToPOLICEoOUTPOST oGOALPARA 6:DHRUBAoDUTTA Page No.# 2/3 FOREST RANGE OFFICER LAKHIPUR GOALPAR Advocate for the Petitioner : MR. S RAHMAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE MITALI THAKURIA