Sabura Khatun, W/O- Lt. Rahijuddin Sk. vs The State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Home Deptt.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 1227

MANASH RANJAN PATHAK, MRIDUL KUMAR KALITA
Sabura Khatun, W/O- Lt. Rahijuddin Sk. – Appellant
Versus
The State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Home Deptt. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. S A Ahmed, Miss M Gogoi, Ms F Ahmed
For the Respondent: Mr. D. Nath, Sr. Govt. Adv.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. S. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam appearing for the respondent Nos. 1 to 7.

2. This writ petition has been filed under Article 226 of the Constitution of India by the petitioner, namely, Sabura Khatun, seeking adequate compensation on account of death of her husband, namely, Rohijuddin Sk., who died in the Gauhati Medical College and Hospital (GMCH), while in judicial custody, on 30.06.2018.

3. The facts for consideration of the instant writ petition, in brief, are that the husband of the petitioner, namely, Late Rohijuddin Sk. was arrested on 24.05.2018 in connection with Bilasipara Police Station Case No. 525/2018 under Sections 147/149/436/325 of the Indian Penal Code. The aforesaid case was registered on filing of an FIR, on 23.05.2018, by one Nur Hussain Bhuyann before the Officer-in-Charge of Bilasipara Police Station. In the said FIR allegations were made against the accused persons named in the FIR, including the deceased husband of the present petitioner, that they have set the house of the first informant on fire with an intention to forcefully disp