Gauhati High Court
Rabia Bewa vs Diganta Barah on 6 June, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010096452022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/286/2022
RABIA BEWA
W/O- LATE ABDUL HAI MONDAL, P.O. KHEDUAJARAH, P.S. GOGIGHOPA,
DIST. BONGAIGAON, ASSAM, PIN- 783380.
VERSUS
DIGANTA BARAH, IAS, AND 3 ORS
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME
AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06.
2:NAYAN SHANKAR BARUAH
MEMBER SECRETARY
THE ASSAM STATE LEGAL SERVICES AUTHORITY
ASSAM
GHY-01.
3:TARUN DEY
MEMBER SECRETARY
THE DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
P.O. AND P.S. AND DIST.- BONGAIGAON
ASSAM
PIN- 783380.
4:SATYA NATH SARMA
THE CHAIRMAN
DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
P.O. AND P.S. AND DIST.- BONGAIGAON
ASSAM
Page No.# 2/3
PIN- 783380
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent :
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 06/06/2022 Heard Mr. M U Mondal, learned counsel for the petitioner.
By order dated 20.01.2022 passed in WP(C) No. 4858/2021, the District Legal Services Authority, Bongaigaon, Assam represented by its Secretary was directed to take up the claim of the petitioner for victim compensation under Section 357A of the Cr.P.C. observing further that after due enquiry and verification, if it is found that the petitioner is entitled to the amount for claim may award compensation to her keeping in mind the Government Notification dated 01.02.2019 that relates to amendment of the schedule of the Assam Victim Compensation Scheme, 2012, revising the quantum of compensation awarded in the said scheme, within a period of 2 (two) months from the date of receipt of a certified copy of the said order.
Though, the Court by the said order dated 20.01.2022 passed in WP(C) No. 4858/2021 specifically directed the Secretary, District Legal Services Authority, Bongaigaon to pass necessary order, but it is stated by the petitioner that no such order has yet been passed by the said authority.
It is seen that the petitioner has submitted her representation before the Member Secretary of the District Legal Services Authority, Bongaigaon on 21.02.2022, obtaining necessary acknowledgment from the said authority.
It is submitted that the Member Secretary, District Legal Services Authority, Bongaigaon has not yet considered the representation of the petitioner. Hence, this contempt petition for willful disobedience and non-compliance of the said order dated 20.01.2022 passed in WP(C) No. 4858/2021.
From this contempt petition, it is seen that the petitioner has made the Commissioner & Page No.# 3/3 Secretary, Government of Assam in the Home and Political Department; the Member Secretary, Assam State Legal Services Authority and the Chairman, District Legal Services Authority, Bongaigaon as party respondent Nos. 1, 2 and 4 respectively, though the direction of the Court dated 20.01.2022 was only to the respondent No. 3, i.e., the District Legal Services Authority, Bongaigaon represented by its Secretary.
In view of the above, the names of the respondent Nos. 1, 2 and 4 be deleted from this contempt petition.
Registry shall accordingly re-number the name of the respondent in the cause title.
Issue notice, returnable by 8 (eight) weeks.
Petitioner shall take steps for service of notice on the respondent/contemnor by registered post with A/D within 2 (two) days from today, providing his proper and correct address with requisite postal stamps.
List accordingly.
JUDGE Comparing Assistant