Gauhati High Court - Itanagar
Sriti Shankar Chakma And 5 Ors vs The State Of Ap And 11 Ors on 16 December, 2025
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GAHC040020302025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/580/2025
Sriti Shankar Chakma and 5 Ors
Son of Late Birolal Chakma, resident of Village Dharmapur-III, PO and PS Miao,
Changlang District, Arunachal Pradesh 792122
2: Barun kumar Chakma
Age:
Occupation :
Son of Shri Bhim Sen Chakma
resident of Village Dharmapur-I
PO and PS Miao
Changlang District
Arunachal Pradesh 792122
3: Shanti Mohan Chakma
Age:
Occupation :
Son of Shri Sadhan Kumar Chakma
resident of Village Dharmapur-II
PO and PS Miao
Changlang District
Arunachal Pradesh 792056
4: Dipankar Chakma
Age:
Occupation :
Son of Late Paddha Kumar Chakma
resident of Village Bijoypur-I
PO and PS Miao
Changlang District
Arunachal Pradesh 792056
5: Sonjib Kumar Chakma
Age:
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Occupation :
Son of Late Pandav Chakma
resident of Village Golokpur
PO and PS Kharsang
Changlang District
Arunachal Pradesh 792122
6: Amar Bikash Chakma
Age:
Occupation :
Son of Late Dayal Chandra Chakma
resident of Village Udoipur-III
PO and PS Diyun
Changlang District
Arunachal Pradesh 79210
VERSUS
The State of AP and 11 Ors
represented by the Chief Secretary, Govt of Arunachal Pradesh, Block -II, 5th Floors,
Civil Secretariat, Itanagar, Arunachal Pradesh 791111 2:The Aruncahal Pradesh
State Human Rights Commission
Age: 0
Occupation :
represented by the Acting Chair Person
HQ Tower-I Apartment
2nd Floor Zoo Road
Itanagar
791111
3:The Acting Chairperson
Age: 0
Occupation :
The Arunachal Pradesh State Human Rights Commission
HQ Tower-I Apartment
2nd Floor Zoo Road
Itanagar 791111
4:The Deputy Commissioner
Age: 0
Occupation :
Changlang District
Arunachal Pradesh 792120
5:The Additional Deputy Commissioner
Age: 0
Occupation :
Miao
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Changlang District
Arunachal Pradesh 792122
6:The Additional Deputy Commissioner
Age: 0
Occupation :
Bordumsa
Changlang District
Arunachal Pradesh 792056
7:The Officer in Charge
Age: 0
Occupation :
Miao Police Station
Miao
Changlang District
Arunachal Pradesh 792122
8:The Officer in Charge
Age: 0
Occupation :
Kharsang Police Station
Sub Division
Miao
Changlang District
Arunachal Pradesh 792124
9:The Officer in Charge
Age: 0
Occupation :
Bordumsa Police Station
Bordumsa Sub Division
Changlang District
Arunachal Pradesh 792056
10:The Officer in Charge
Age: 0
Occupation :
Diyun Police Station
PO and PS Diyun
Bordumsa Sub Division
Chagnlang District
Arunachal Pradesh 792103
11:Tejang Chakma
Age: 0
Occupation :
Son of Late Prodip Kumar Chakma
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resident of Rajnagar
PO and PS Diyun
Changlang District
Arunachal Pradesh 792103
12:The Union of India
Age: 0
Occupation :
represented by the Secretary
Ministry of Home Affairs
Govt of India
Shastri Bhawan
New Delhi 11000
Advocate for the Petitioner : D Ghosh, A Verma
Advocate for the Respondent : GA (AP), DSGI,Marto Kato
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 16.12.2025 Heard Ms. Debasmita Ghosh, learned counsel for the petitioners. Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate, appearing on behalf of respondent Nos. 1, 4, 5, 6, 7, 8, 9 & 10; and Mr. Marto Kato, learned DSGI, appearing on behalf of respondent No. 12.
2. By filing the present writ petition under Article 226 of the Constitution of India, the petitioners have assailed the order dated 02.01.2025, passed by the Chairperson, Arunachal Pradesh State Human Rights Commission, and all the subsequent executive orders/ actions assed by the Additional Deputy Commissioner, Miao, and Additional Deputy Commissioner, Bordumsa.
3. It is submitted that vide order dated 02.01.2025, the Chairperson, Arunachal Pradesh State Human Rights Commission, directed the Additional Deputy Page No.# 5/6 Commissioner, Miao(respondent No. 5), and Additional Deputy Commissioner, Bordumsa(respondent No. 6); to terminate the Headmenship of the petitioners and shall file a complaint with the jurisdictional Police Station.
4. It is further submitted that pursuant to the said directions of the Commissioner; the Additional Deputy Commissioner, Miao, issued the order, dated 05.03.2025, whereby, the Headmenship of the petitioners have been terminated and also lodged the First Information Report(FIR), dated 11.03.2025, before the Officer-in-Charge, Miao Police Station, alleging commission of offence under Section 304 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023.
5. Ms. Ghosh, learned counsel for the petitioners, submits that by issuing the above directions, the Arunachal Pradesh State Human Rights Commission has exceeded its jurisdiction which are beyond the scope of powers conferred under the Protection of Human Rights Act, 1993. It is further submitted that the consequential actions taken by the concerned Additional Deputy Commissioners are mechanically passed, without independent application of mind and in violation of the principles of natural justice.
6. Having considered the submission and on perusal of the materials placed on record, this Court is of the prima facie view that serious questions of law arise with regard to the jurisdiction and authority of the State Human Right Commission to issue such directions and the legality of the consequential executive actions taken thereon.
7. Issue notice upon the respondents.
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8. Since Ms. Ete, learned Addl. Senior Government Advocate, and Mr. Kato, learned DSGI, have accepted notice on behalf of their respective respondent; no formal notice need be issued to the said respondents. However, requisite extra copies of the petition be furnished to them within 3(three) working days from today.
9. Steps be taken upon the remaining respondent Nos. 2, 3 and 11 by Speed Post as well as by usual process within a week from today.
10. In the meantime, and till the next date of listing; the operation and effect of the impugned order dated 02.01.2025, passed by the Arunachal Pradesh State Human Rights Commission, and all consequential orders/ actions taken by the Additional Deputy Commissioners, Miao, arising out of Case No. APSHRC/JUD- CR/10/09/2024 including order, dated 05.03.2025, shall remain stayed.
11. As prayed for by the learned counsels appearing for the parties, list it on 30th of January, 2026.
JUDGE Comparing Assistant