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2006 Supreme(Gau) 700

P.G.AGARWAL, AFTAB H.SAIKIA
Bijan Kr. Mahajan – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.K. Choudhury and M. Dutta, Advs.
For Respondents/Defendant: A.K. Phukan, B. Goyal, P.K. Goswami, M. Bhuyan and S. Shyam, Advs.

JUDGMENT

P.G. Agarwal, J.

1. The two writ Petitioners, who are members of the Gauhati High Court Bar Association, have approached this Court in this public interest litigation for drawing attention of this Court in respect of an incident that took place on October 30, 2002 within the heart of the Guwahati City, which resulted in death of two persons namely, Speed Hazarika of Nagaon and Mithu Barua of Nalbari, alleged to be members of a banned organization.

2. Facts, leading to the above incident, as disclosed from the materials on record, and which are not disputed, are that one Md. Abedur Rahman of Hatigaon, a businessman, was subjected to extortion and some demands were made for extorting money from him. It may be mentioned that the said Rahman was earlier abducted from Kamalpur area and it is suspected or believed that he was released from captivity on payment of certain amount of ransom. On information being lodged by said Abedur Rahman, he was kept under vigil and on the date of occurrence, the said Abedur Rahman was asked by the militants to proceed to a particular area of Hatigaon Chariali. The direction was given over telephone and accordingly Mr. Rahman proceeded towards that

























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