Gauhati High Court
Popular Front Of India vs The State Of Assam And 7 Ors on 10 November, 2020
Author: Suman Shyam
Bench: Suman Shyam
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GAHC010056992020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1880/2020
POPULAR FRONT OF INDIA
REP. BY ITS STATE PRESIDENT NAMELY AMINUL HAQUE, S/O- LATE
SHAMSUL HAQUE, R/O- TUKRAPARA, P.S- CHHAYGAON, DIST-
KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
DEPTT OF HOME, DISPUR, GUWAHATI- 06
2:THE DIRECTOR GENERAL OF POLICE
3:THE DEPUTY COMMISSIONER OF POLICE
4:THE DEPUTY COMMISSIONER (M)
5:THE DEPUTY COMMISSIONER
6:JACKSON MUSHAHARY
7:BHODRESWAR PEGU
8:THE STATE POLICE ACCOUNTABILITY COMMISSIO
Advocate for the Petitioner : MR. A R SIKDAR
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Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 10/11/2020 Heard Mr. A.R. Sikdar, learned counsel appearing for the petitioner. Also heard Ms. D.D. Barman, learned Government Advocate, Assam, appearing for the official respondents.
The petitioner herein claims to be a registered society having its office in the district of Kamrup in an address falling under Police Station Chaygaon. The present petition has been filed praying for the following reliefs :_ "In the aforesaid premises it is therefore prayed that your Lordships would be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why as writ in the nature of Mandamus/Certiorari shall not be issued directing/commending the Respondents to furnish the materials of involvement of the Members of the Popular Front of India namely Aminul Haque and Muzammil Haque before this Hon'ble Court in connection with Rangia P.S. Case No. 1237/19 U/S 120(b)/109/147/148/188/341/353/427/506 IPC and regarding the presence in the incident in Janata Bhawan before this Hon'ble Court and be pleased to issue further direction to make and impartial enquiry about the involvement of the PFI members in the alleged occurrence, issue further direction to the authority prohibiting to take coercive measures against the organization by way of arrest and detention, issue a direction to release/return the seized materials/documents of the Organisation including two Laptop and one CPU and not to harass any member of the organisation by implicating in false case in future and to pay to compensation for causing unnecessary arrest and detention to the President and its member namely Aminul Haque and Muzammil Haque and after perusal of records, hearing the parties and after showing cause or causes be pleased to make the Rule absolute granting adequate relief in the interest of justice.
-And-
Page No.# 3/4 Further, pending disposal of the Rule it is prayed in the interim that the seized materials/documents shall be returned forthwith in the interest of justice." It appears that based on the FIR dated 12/2/2019 lodge by Assistant Sub-Inspector of Police, Rangia Police Station case No. 1237/2019 has been registered under Section 147/148/188/341/427/506 of the IPC. It further appears from the documents annexed to the writ petition that investigation in connection with the aforesaid P.S case is underway, whereby the Police has made seizure of various articles and have also made arrests and detention of some persons who are stated to be members of the petitioner organisation.
According to the petitioner's counsel, the arrest, detention and seizure of articles were made in a highly improper and illegal manner thereby displaying bias on the part of the Police authorities. As such, this is a fit case where the investigation in connection with the Rangia P.S case No. 1237/2019 should be handed over to some other agency and a direction be issued not to harass the members of the petitioner organisation.
Ms. D.D. Barman, learned Government Advocate, Assam, on the other hand, has raised objection as to the maintainability of the writ petition by submitting that some members of the petitioner society have been found to be involved in various anti-social activities which has led to registration of the police case wherein investigation is still under progress. Under such circumstances, the learned Government Advocate prays for dismissal of the writ petition.
On a careful reading of the averments made in the writ petition, I find that proper and sufficient particulars have not been laid in the petition so as to indicate the complete identity of the petitioner organisation or all its members. On a specific query made by this Court, Mr. Sikdar has not been able to show any instance of harassment meted out to the members of the organisation. Arrest made by the police during the course of investigation in a police case, cannot per se be said to be Page No.# 4/4 harassment unless the same is accompanied by violation of any right of the individual. Moreover, even if it is assumed that there has been illegal arrests, detention or illegal seizure of articles made in connection with investigation in a Police case, even then, the Cr.P.C. provides for adequate remedy to the aggrieved persons. Under the circumstances, it is not clear as to why, instead of the aggrieved person approaching this Court, a society has chosen to file this writ petition invoking the jurisdiction of this Court under Article 226 of the Constitution of India. Mr. Sikdar also could not explain as to why the persons aggrieved by the action of the police have themselves not approached this Court by filing proper petition.
Having regard to the facts and circumstances of the case as noted above, I am of the opinion that the present writ petition instituted by the petitioner society would not be maintainable in law as well as facts and circumstances of this case.
The writ petition is, therefore, held to be devoid of any merit. The same is accordingly dismissed.
JUDGE Sukhamay Comparing Assistant