JUDGMENT :

1. Heard Mr. B. D. Das, learned senior counsel assisted by Mr. D. Thaosen, learned counsel for the writ petitioner. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, appearing for the respondent no. 4 and Mr. S. Baruah, learned Government Advocate, Assam, appearing for the respondent nos. 1, 2 & 3.

2. The writ petitioner herein is the wife of Jibon Kemprai, who was allegedly kidnapped by unidentified miscreants on 27/01/2016 from Diyungmukh in Dima Hasao District of Assam. An FIR was lodged, based on which, Diyungmukh PS case No. 03/2016 was registered under sections 365/506/34 of the Indian Penal Code. It has been alleged that the kidnappers had earlier threatened Sri Mohendra Kemprai i.e. the brother of the victim, asking him to abstain from participating in the emergent meeting of the NC Hills Autonomous Council, held on 29/01/2016, as otherwise, he would face dire consequences. It has also been alleged that the kidnapping took place so as to prevent Sri Mohendra Kemprai from participating in the emergent meeting scheduled on 29/01/2016 wherein, “no confidence motion” brought against the executives in power in the autonomous Council was to be discussed. Since then, the whereabouts of Jibon Kemprai remains unknown.

3. Initially, the Assam Police had conducted investigation in connection with Diyungmukh PS case No. 03/2016 but could not make any headway in the process. As such, the wife of the missing individual i.e. the writ petitioner had approached this Court by filing the instant writ petition seeking a direction from this Court to handover the investigation to the Central Bureau of Investigation (CBI) i.e. the respondent no. 4. It appears that during the pendency of this writ petition, a 3 (three) member Special Investigation Team (SIT) headed by the Superintendent of Dima Hasao District took over the investigation in connection with Diyungmukh PS case No. 03/2016. As such, a report was called for by this Court from the SIT as regards the progress made in the investigation. Accordingly, on 03/08/2023, the Superintendent of Police, Dima Hasao District, Haflong, Assam, had submitted a report in a sealed cover. On perusal of the report, it transpired that save and except making a few arrests and recording statements of few witnesses, the SIT also could not make much headway nor it conclude the investigation, as a result of which, no charge sheet could be filed in connection with Diyungmukh PS No. 03/2016 till today. The victim also remains untraced till today i.e. even after lapse of more than 7 (seven) years since his disappearance and there is no clue as to whether he is still alive. It is under these circumstances, the petitioner has renewed the prayer for handing over the investigation to the respondent no. 4.

4. Mr. Das, learned senior counsel for the writ petitioner has vehemently argued that this is a clear case of “political assassination” and the same would be apparent from the fact that after the release of the 6 (six) arrested persons, their wives had been appointed in different departments of the Council and the main suspect is roaming freely in the Haflong town without any effort from the Police to nab him. Mr. Das further submits that even the wife of the 3 (three) main suspects have been given jobs and the person who had made the phone call to Sri Mohendra Kemprai just before kidnapping the petitioner’s husband, has neither been arrested nor interrogated till today.

5. Contending that neither the Assam Police nor the SIT has been able to make any significant progress in the investigation. Mr. Das submits that the present is a fit case where the investigation should be handed over to the CBI. Mr. Das has further argued that this is a clear case of violation of Fundamental Rights of the petitioner and her husband and since the incident took place in a politically sur-charged situation where there is direct evidence to suggest that the kidnapping was carried out for a politic