Gauhati High Court
Studio Nilima Collaborative Network ... vs The State Of Assam And 9 Ors on 28 February, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/9
GAHC010054902017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL 55/2017
1:STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH and
CAPACITY BUILDING and ANR.
A NOT FOR PROFIT RESEARCH BASED ORGANISATION HAVING ITS
REGISTERED OFFICE AT 1/A DAMAYANTI MANSION, DIGHALIPUKHURI
EAST, GUWAHATI- 781001. REP. BY ITS CO -FOUNDER AND DIRECTOR M/S
ABANTEE DUTTA, DAUGHTER OF SRI NILAYANANDA DUTTA, R/O 1/A
DAMAYANTI MANSION DIHALPUKHURI EAST, GUWAHATI - 781001.
2: MS. ABANTEE DUTTA
CO-FOUNDER AND DIRECTOR
STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH AND
CAPACITY BUILDING
A NON-PROFIT RESEARCH BASED ORGANISATION HAVING ITS
REGISTERED OFFICER AT
VERSUS
1:THE STATE OF ASSAM and 9 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI -6, DIST. KAMRUP M, ASSAM
2:THE SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI - 781006.
3:THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HEALTH and FAMILY WELFARE
GOVT. OF ASSAM
DISPUR
GUWAAHTI-781006.
Page No.# 2/9
4:THE INSPECTOR GENERAL OF PRISONS
ASSAM PRISON HEADQUARTERS
KHANAPARA
GUWAHATI - 781022.
5:THE DEPUTY COMMISSIONER
MORIGAON
IN THE DIST. OF MORIGAON
ASSAM
6:SUPERINTENDENT
MORIGAON DISTRICT JAIL
DIST. MORIGAON
ASSAM
7:RESIDENT MEDICAL OFFICER
MORIGAON DISTRICT JAIL
DIST. MORIGAON
ASSAM
8:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL
HEALTH
KALIBARI ROAD
MAHABHAIRAB
TEZPUR
ASSAM - 784001
DIRECTOR.
9:STATE LEGAL SERVICES AUTHORITY
REP. BY ITS MEMBER SECRETARY GAUHATI HIGH COURT
GAUHATI- 781001.
10:THE DISTRICT LEGAL SERVICES AUTHORITY
MORIGAON
REP. BY ITS MEMBER SECRETARY
STADIUM ROAD
MORIGAON
PIN - 782105
MORIGAON
ASSAM
Advocate for the Petitioner : MR.A PHUKAN
Advocate for the Respondent :
Page No.# 3/9 Linked Case : PIL(Suo Moto) 7/2017 1:X X X VERSUS 1:IN RE- STATE OF ASSAM and 2 ORS. REP. BY THE PRINCIPAL SECRETARY HOME and POLITICAL B DEPTT. GOVT. OF ASSAM JANATA BHAWAN DISPUR GUWAHATI-781006.
2:THE INSPECTOR GENERAL OF PRISONS ASSAM KHANAPARA GUWAHATI-781022.
3:THE SUPERINTENDENT CENTRAL JAIL TEZPUR-784001 DIST. SONITPUR 4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI.
Advocate for the Petitioner : MR.U K NAIR Advocate for the Respondent : GA ASSAM Linked Case : PIL(Suo Moto) 7/2018 1:XX XX XX GAUHATI HIGH COURT ASSAM VERSUS 1:IN RE - THE STATE OF ASSAM AND ANR. REP. BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL(B) DEPTT JANATA BHAWAN DISPUR Page No.# 4/9 GUWAHATI- 781006 2:THE INSPECTOR GENERAL OF PRISONS ASSAM ASSAM PRISONS HEADQUARTERS KHANAPARA GUWAHATI- 781022 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA ASSAM Linked Case : I.A.(Civil) 42/2018 1:STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH and CAPACITY BUILDING HAVING ITS REGISTERED OFFICE AT 1A DAMAYANTI MANSION DIGHALIPUKHURI (EAST) GUWAHATI- 781001. REP. BY ITS CO-FOUNDER AND DIRECTOR MS. ABANTEE DUTTA D/O- SRI NILAYANANDA DUTTA R/O- DIGHALIPUKHURI (EAST) GUWAHATI- 781001.
VERSUS 1:THE STATE OF ASSAM REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY - 6 Advocate for the Petitioner : MR. N DUTTA Advocate for the Respondent : GA ASSAM Linked Case : WP(C)(Suo Moto) 9/2018 1:X X X GUWAHATI ASSAM VERSUS 1:IN RE - THE STATE OF ASSAM AND 7 ORS. REP. BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL(B) DEPTT JANATA BHAWAN Page No.# 5/9 DISPUR GUWAHATI- 781006 2:THE STATE OF NAGALAND REP. BY THE SECRETARY HOME DEPTT GOVT OF NAGALAND NAGALAND CIVIL SECRETARIAT KOHIMA- 797004 3:THE STATE OF MIZORAM REP. BY THE COMMISSIONER AND SECETARY HOME DEPTT GOVT OF MIZORAM MIZORAM SECRETARIAT AIZAWL- 796001 4:THE STATE OF ARUNACHAL PRADESH REP. BY THE PRINCIPAL SECRETARY HOME DEPTT GOVT OF NAGALAND CIVIL SECRETARIAT ITANAGAR- 791111 5:THE INSPECTOR GENERAL OF PRISONS ASSAM ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI- 781022 6:THE DIRECTOR GENERAL OF PRISONS NAGALAND PRISON HEADQUARTER P R HILL KOHIMA- 797005 7:THE INSPECTOR GENERAL OF PRISONS MIZORAM. DIRECTORATE OF PRISONS AIZAWL- 796001 8:THE INSPECTOR GENERAL OF PRISONS ARUNACHAL PRADESH CIVIL SECRETARIAT ITANAGAR- 791111 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : MR. T C CHUTIA (GA ASSAM R-1
5) Page No.# 6/9 Linked Case : I.A.(Civil) 268/2019 1:STUDIO NILIMA- COLLABORATIVE NETWORK FOR RESEARCH and CAPACITY BUILDING and ANR. A NOT FOR PROFIT RESEARCH BASED ORGANISATION HAVING ITS REGISTERED OFFICE AT 1/A DAMAYANTI MANSION DIGHALIPUKHURI EAST GUWAHATI- 781001. REP. BY ITS CO -FOUNDER AND DIRECTOR M/S ABANTEE DUTTA DAUGHTER OF SRI NILAYANANDA DUTTA R/O 1/A DAMAYANTI MANSION DIHALPUKHURI EAST GUWAHATI - 781001.
2: MS. ABANTEE DUTTA CO-FOUNDER AND DIRECTOR STUDIO NILIMA COLLABORATIVE NETWORK FOR RESEARCH AND CAPACITY BUILDING A NON-PROFIT RESEARCH BASED ORGANISATION HAVING ITS REGISTERED OFFICER AT. VERSUS 1:THE STATE OF ASSAM and 9 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI -6 DIST. KAMRUP M ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI - 781006.
3:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HEALTH and FAMILY WELFARE GOVT. OF ASSAM DISPUR GUWAAHTI-781006.
4:THE INSPECTOR GENERAL OF PRISONS ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI - 781022.
Page No.# 7/9 5:THE DEPUTY COMMISSIONER MORIGAON IN THE DIST. OF MORIGAON ASSAM 6:SUPERINTENDENT MORIGAON DISTRICT JAIL DIST. MORIGAON ASSAM 7:RESIDENT MEDICAL OFFICER MORIGAON DISTRICT JAIL DIST. MORIGAON ASSAM 8:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH KALIBARI ROAD MAHABHAIRAB TEZPUR ASSAM - 784001 DIRECTOR.
9:STATE LEGAL SERVICES AUTHORITY REP. BY ITS MEMBER SECRETARY GAUHATI HIGH COURT GAUHATI- 781001.
10:THE DISTRICT LEGAL SERVICES AUTHORITY MORIGAON REP. BY ITS MEMBER SECRETARY STADIUM ROAD MORIGAON PIN - 782105 MORIGAON ASSAM.
Advocate for the Petitioner : MR N DUTTA Advocate for the Respondent : GA ASSAM Linked Case : WP(C)(Suo Moto) 8/2018 1:X X X GUWAHATI ASSAM Page No.# 8/9 VERSUS 1:IN RE - THE STATE OF ASSAM AND 7 ORS. REP. BY THE ADDITIONAL CHIEF SECRETARY HOME AND POLITICAL(B) DEPTT JANATA BHAWAN DISPUR GUWAHATI- 781006 2:THE STATE OF NAGALAND REP. BY THE SECRETARY HOME DEPTT GOVT OF NAGALAND NAGALAND CIVIL SECRETARIAT KOHIMA- 797004 3:THE STATE OF MIZORAM REP. BY THE COMMISSIONER AND SECETARY HOME DEPTT GOVT OF MIZORAM MIZORAM SECRETARIAT AIZAWL- 796001 4:THE STATE OF ARUNACHAL PRADESH REP. BY THE PRINCIPAL SECRETARY HOME DEPTT GOVT OF NAGALAND CIVIL SECRETARIAT ITANAGAR- 791111 5:THE INSPECTOR GENERAL OF PRISONS ASSAM ASSAM PRISON HEADQUARTERS KHANAPARA GUWAHATI- 781022 6:THE DIRECTOR GENERAL OF PRISONS NAGALAND PRISON HEADQUARTER P R HILL KOHIMA- 797005 7:THE INSPECTOR GENERAL OF PRISONS MIZORAM. DIRECTORATE OF PRISONS AIZAWL- 796001 8:THE INSPECTOR GENERAL OF PRISONS ARUNACHAL PRADESH CIVIL SECRETARIAT ITANAGAR- 791111 Page No.# 9/9 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA ASSAM BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON'BLE MR. JUSTICE SOUMITRA SAIKIA 28-02-2020 (Ajai Lamba, CJ)
1. Learned counsel for the State states that affidavit would be filed on behalf of the State during the course of the day.
2. We find that four Public Interest Litigations, all in relation to the conditions prevailing in jails/detention centres have been filed. We are further taking notice of the fact that affidavits and counter affidavits are being filed in PIL No.55/2017, which appears to be the lead case.
3. So as to avoid duplicacy in passing of orders and for effective and clear judging, we deem it appropriate to request Mr. Nair, learned Senior Advocate appearing for the petitioner in PIL No.7/2017 to make a gist of all the cases by the next date of listing. The Court chooses to take cognizance of all the related issues while dealing with one petition.
We make it clear that all the counsel appearing for various petitioners and respondents would be required to assist the Court.
4. List on 02.03.2020, high up on the list.
JUDGE CHIEF JUSTICE Comparing Assistant