Gauhati High Court
The State Of Assam And 4 Ors vs Banashree Gogoi And 2 Ors on 20 February, 2020
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Soumitra Saikia
Page No.# 1/7
GAHC010317522019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet. 198/2019
1:THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
ASSAM SECRETARIAT, DISPUR, GUWAHATI-6
2: THE ADDITIONAL CHIEF SECRETARY
TO THE GOVERNMENT OF ASSAM
HOME AND POLITICAL DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI-6
3: THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HEADQUARTER
ULUBARI
GUWAHATI-7
4: THE COMMISSIONER OF POLICE
GUWAHATI CITY
PANBAZAR
GUWAHATI-1
5: THE DEPUTY COMMISSIONER
KAMRUP(M)
GUWAHATI-
VERSUS
1:BANASHREE GOGOI AND 2 ORS.
D/O- LT. GOLAP CH. GOGOI, R/O- 1B DISHA ENCLAVE, MANIK NAGAR, P.S.
DISPUR, GUWAHATI, PIN- 781005
Page No.# 2/7
2:UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF HOME AND POLITICAL
NEW DELHI-1
3:SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF INFORMATION AND TECHNOLOGY
NEW DELHI-
Advocate for the Petitioner : SR. GA, ASSAM
Advocate for the Respondent : MR K K MAHANTA (R1)
Linked Case : PIL 78/2019
1:BANASHREE GOGOI
D/O- LT. GOLAP CH. GOGOI
R/O- 1B DISHA ENCLAVE
MANIK NAGAR
P.S. DISPUR
GHY
PIN- 781005
VERSUS
1:UNION OF INDIA AND 7 ORS.
TO BE REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF HOME AND POLITICAL
NEW DELHI-01
2:SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF INFORMATION AND TECHNOLOGY
GOVT. OF INDIA
NEW DELHI-01
3:SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF TELECOMMUNICATION
NEW DLEHI-01
4:THE STATE OF ASSAM
Page No.# 3/7
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
ASSAM SECRETARIAT
DISPUR
GHY-06
5:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
ASSAM SECRETARIAT
DISPUR
GHY-06
6:THE DIRECTOR GENERAL OF POLICE
ASSAM
POLICE HEAD QUARTER
ULUBARI
GHY-07
7:THE COMMISSIONER OF POLICE
GUWAHATI CITY PANBAZAR
GHY-01
8:THE DY. COMMISSIONER
KAMRUP (M)
GHY-01
ASSAM
Advocate for the Petitioner : MR K K MAHANTA
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : Cont.Cas(C) 41/2020
1:DEVA KANYA DOLEY
D/O- MAHESH DOLEY
R/O- GOGAMUKH
P.O- KHURACHUK
PIN- 787034
DIST- DHEMAJI
ASSAM
VERSUS
1:KUMAR SANJAY KRISHNA
IAS
THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM
Page No.# 4/7
DEPTT OF HOME AND POLITICAL (A)
DISPUR
GUWAHATI- 6
DIST- KAMRUP (M)
ASSAM
Advocate for the Petitioner : SWATI. B. BARUAH (TG)
Advocate for the Respondent :
Linked Case : PIL 77/2019
1:DEVA KANYA DOLEY
D/O- MAHESH DOLEY
R/O- GOGAMUKH
P.O. KHURACHUK
PIN- 787034
DIST.- DHEMAJI
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
(REP. BY THE CHIEF SECY.) TO THE GOVT. OF ASSAM
DISPUR
GHY-6
DIST.- KAMRUP (M)
ASSAM
2:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME AND POLITICAL (A)
DISPUR
GHY-6
DIST.- KAMRUP (M)
ASSAM
3:THE UNION OF INDIA
REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF HOME AFFAIRS
NEW DELHI
Advocate for the Petitioner : SWATI. B. BARUAH (TG)
Advocate for the Respondent : GA
ASSAM
Page No.# 5/7
Linked Case : PIL 79/2019
1:AJIT KR. BHUYAN
S/O- LT. J. N. BHUYAN
R/O- 505
AKANKHYA MANSION
SHIV MANDIR PATH
P.O. KHANAPARA
GHY.- 781022.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY ITS ADDL. CHIEF SECY.
GOVT. OF ASSAM (HOME AND POLITICAL)
DISPUR
GHY.-781006.
2:THE DY. SECY.
GOVT. OF ASSAM (HOME AND POLITICAL)
DISPUR
GHY.-06.
3:THE UNION OF INDIA
REP. BY THE SECY.
MINISTRY OF COMMUNICATIONS (DEPTT. OF TELECOMMUNICATIONS )
SANCHAR BHAWAN
20 ASHOKA ROAD
NEW DELHI- 110001.
4:THE SR. DY. DIRECTOR GENERAL ( AS)
MINISTRY OF COMMUNICATIONS (DEPTT. OF TELECOMMUNICATIONS)
SANCHAR BHAWAN
20 ASHOKA ROAD
NEW DELHI- 110001.
Advocate for the Petitioner : MR A C BORBORA
Advocate for the Respondent : GA
ASSAM
Linked Case : PIL 76/2019
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1:RANDEEP SHARMA
ADVOCATE
GAUHATI HIGH COURT
S/O- LT. BHUPEN SHARMA
R/O- AMAYAPUR HOUSE
H.NO. 2
NEW SARANIA
GHY-03
DIST.- KAMRUP (M)
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
REP. BY THE CHIEF SECY.
GOVT. OF ASSAM
DISPUR
GHY-06
2:THE STATE OF ASSAM
REP. BY THE ADDL. CHIEF SECY.
HOME AND POLITICAL DEPTT.
GOVT. OF ASSAM
DISPUR
GHY-06
3:THE DGP
ASSAM POLICE HEADQUARTERS
DR. B.K.KAKATI ROAD
ULUBARI
GHY-07
Advocate for the Petitioner : MR. P PHUKAN
Advocate for the Respondent : GA
ASSAM
Page No.# 7/7
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
O R D E R
20.02.2020 (Manojit Bhuyan, J) Mr. D. Saikia, learned senior counsel representing the State of Assam fairly submits that in view of the subsequent development in the case, the Review Petition be treated as closed.
In so far as PIL 76/2019 and PIL 78/2019 are concerned, the respective counsels submits that nothing survives for adjudication as on date and, therefore, the same also be treated as closed. In this regard Mr. Saikia submits that in view of the recent decision of the Supreme Court in Writ Petition (Civil) No.1031/2019 (Anuradha Bhasin vs. Union of India and Ors.) as well as Writ Petition (Civil) No.1164/2019 (Ghulam Navi Azad vs. Union of India and Anr.) nothing survives in the PILs.
In so far as PIL 77/2019 and related Contempt Cas(C) 41/2020 are concerned, the same are also closed as the subject matter in the PIL is identical to the other PILs, which are directed to be closed today. The contempt case also does not survive for consideration.
The remaining PIL 79/2019 comes with an added prayer, in that, the vires of Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 is put to challenge. As such, let Notice be issued.
Steps on respondent nos.3 and 4 be issued at this stage.
As such, the petitioner in PIL 79/2019 shall take steps on the said respondent nos.3 and 4 within 3 (three) days. Needless to say that the matter shall now be listed independently, the other connected cases having been disposed of by this order.
JUDGE JUDGE Comparing Assistant