Gauhati High Court
Ruth Yvonne Ursula Gomez vs Union Of India And 10 Others on 28 February, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/6
GAHC010025952025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/339/2025
RUTH YVONNE URSULA GOMEZ
SECRETARY, PASTORATE COMMITTEE OF THE CHRIST CHURCH,
GUWAHATI, PAN BAZAR, GUWAHATI - 781001.WIFE OF LATE WINSTON
GOMEZ,R/O HOUSE NO. 10, SHRI KRISHNA PATH, JANAKPUR SOUTH,
KAHILIPARA, GUWAHATI - 781019. MOBILE NO. 986407132
VERSUS
UNION OF INDIA AND 10 OTHERS
REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, 101-A,
SOUTH BLOCK, NEW DELHI -11.
2:INDIAN CHURCH TRUSTEES BISHOPS HOUSE
51
CHOWRINGEE ROAD
KOLKATA
WEST BENGAL-700071
3:THE BISHOP OF CALCUTTA
INDIAN CHURCH TRUSTEES
BISHOPS HOUSE
51
CHOWRINGEE ROAD
KOLKATA
WEST BENGAL-700071
4:CHURCH OF NORTH INDIA
CNI BHAWAN 16
PANTH MARG
NEW DELHI-01
Page No.# 2/6
5:MODERATOR
CHURCH OF NORTH INDIA
CNI BHAWAN 16
PANTH MARG
NEW DELHI-01
6:DIOCESE OF NORTH EAST INDIA
M.G ROAD
SHILLONG
PIN-7893001
7:MICHAEL HERENZ
BISHOP OF THE DIOCESE OF NORTH EAST INDIA
M.G ROAD
SHILLONG
PIN-7893001
8:NORTH EAST INDIA
DIOCESAN TRUST ASSOCIATION
REP. BY THE SECRETARY
BISHOPS HOUSE
M.G ROAD
SHILLONG
PIN-7893001
9:HARRISON MASIH
PRESBYTER IN CHARGE
CHRIST CHURCH
CHURCH FIELD
PAN BAZAR
GUWAHATI-01
10:JONATHAN GIRI
THE DIOCESAN SECRETARY
DIOCESE OF NORTH EAST INDIA
BISHOPS KUTI
SHILLONG
PIN-793001
11:THE COMMISSIONER OF POLICE
PANBAZAR
GUWAHATI-0
Page No.# 3/6
Advocate for the Petitioner : HARSHADITTYA ROY DAS, MR H K SARMA,MR. P
BHOWMICK,MR J LOTHA
Advocate for the Respondent : DY.S.G.I., GA, ASSAM,MR. R BORUAH (R-6 TO 10),MR. A R
BHUYAN (R4, R-5),MR N Z CHOUDHURY(R4, R-5),MR N A MAZARBHUIYA(R4, R-5)
Linked Case : WP(C)/4809/2024
RUTH YVONNE URSULA GOMEZ
SECRETARY
PASTORATE COMMITTEE OF THE CHRIST CHURCH
GUWAHATI
PANBAZAR
GUWAHATI-01
W/O- LATE WINSTON GOMEZ
R/O- H.NO-10
SRI KRISHNA PATH
JANAKPUR SOUTH
KAHILIPARA
GUWAHATI-781019
VERSUS
UNION OF INDIA AND 10 ORS
REP. BY THE SECRETARY
MINISTRY OF DEFENCE
101-A
SOUTH BLOCK
NEW DELHI-11
2:INDIAN CHURCH TRUSTEES BISHOPS HOUSE
51
CHOWRINGEE ROAD
KOLKATA
WEST BENGAL-700071
3:THE BISHOP OF CALCUTTA
Page No.# 4/6
INDIAN CHURCH TRUSTEES
BISHOPS HOUSE
51
CHOWRINGEE ROAD
KOLKATA
WEST BENGAL-700071
4:CHURCH OF NORTH INDIA
CNI BHAWAN 16
PANTH MARG
NEW DELHI-01
5:MODERATOR
CHURCH OF NORTH INDIA
CNI BHAWAN 16
PANTH MARG
NEW DELHI-01
6:DIOCESE OF NORTH EAST INDIA
M.G ROAD
SHILLONG
PIN-7893001
7:MICHAEL HERENZ
BISHOP OF THE DIOCESE OF NORTH EAST INDIA
M.G ROAD
SHILLONG
PIN-7893001
8:NORTH EAST INDIA
DIOCESAN TRUST ASSOCIATION
REP. BY THE SECRETARY
BISHOPS HOUSE
M.G ROAD
SHILLONG
PIN-7893001
9:HARRISON MASIH
PRESBYTER IN CHARGE
CHRIST CHURCH
CHURCH FIELD
PAN BAZAR
GUWAHATI-01
10:JONATHAN GIRI
Page No.# 5/6
THE DIOCESAN SECRETARY
DIOCESE OF NORTH EAST INDIA
BISHOPS KUTI
SHILLONG
PIN-793001
11:THE COMMISSIONER OF POLICE
PANBAZAR
GUWAHATI-01
------------
Advocate for : MR B D DAS
Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 10 ORS
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.02.2025 Heard Mr. P. Bhowmick, learned counsel for the applicant. The grievance of the applicant before this Court is that notwithstanding the orders passed by this Court on 18.12.2024 passed in WP(C) No. 4809 of 2024 whereby the respondents were directed not to prevent the petitioner from offering her prayer in the Church or denying their burial right at the Cemetry maintained by the Church, it is submitted that the petitioner is prevented from offering her prayers as the Church is being kept locked including washroom immediately after the services are over.
The learned counsel for the applicants submits that as referred to certain photographs enclosed with the Interlocutory Application, due to the Church being kept lock, the congregation is compelled to offer prayer outside the Church building.
Mr. R.K.D. Choudhury, learned counsel appears for the respondent No.1, Page No.# 6/6 Mr. T.J. Mahanta, learned Senior Counsel assisted by Mr. R. Baruah, learned counsel representing the respondent Nos. 6 to 10, Mr. N.Z. Choudhury, learned counsel appears for the 4 and 5 and Mr. H. Sarma, learned counsel appears for the respondent No.11.
Since none represents the respondent No.3 let notice be issued returnable on 26.03.2025.
The respondent Nos. 1, 2, 4 to 11 are represented by their engaged counsel notices are waived. However extra copies be furnished to the learned counsel for the respondent within a period of one week from today.
In view of the order dated 18.12.2024 having been issued by the Court in WP(C) No. 4809 of 2024 the petitioner shall not be prevent from offering her prayer in the Church.
Matter be listed on 26.03.2025.
JUDGE Comparing Assistant