Staff Reporter
Guwahati: The Gauhati High Court granted a 'last opportunity of a week's time' to the state government to respond to the demand for compensation by the wife of the victim of custodial death in Batadrava, questioning as to why interim compensation cannot be paid to her.
The HC also directed the state government to provide the date by which compensation would be paid to the affected persons whose houses were demolished in Batadrava in the aftermath of the arson in the police station in May 2022.
The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam gave the directions during the hearing of a suo moto case (PIL (Suo Moto) No.3/2022) linked with a writ petition (WP(C) No.239/2024) filed by the wife of the late Safikul Islam, who was subjected to custodial death, for seeking appropriate compensation from the state government.
During the hearing of the PIL, the counsel appearing for the state Home and Political (A) Department submitted that the amount of compensation has already been determined and the matter has been referred to the Finance Department for payment of compensation to the six persons whose houses were demolished.
Notably, the houses of those accused of setting fire to the Batadrava police station were demolished a day after the incident.
P. Nayak, standing counsel of the Finance Department, then prayed for and was granted a week's time to apprise the court as to by what time the compensation would be paid to the affected persons pursuant to the proposal sent by the Home and Political (A) Department.
In the matter of WP(C) No. 239/2024, filed by the petitioner whose husband was subjected to custodial death, seeking appropriate compensation from the state government, the bench stated that despite service of notice to the state respondents and even after lapse of considerable time, no reply to the writ petition has been filed by the state respondents.
The bench then stated that senior government advocate D. Nath had prayed for and was granted the last opportunity of a week's time to file a reply to the writ petition. Nath was further directed to respond as to why interim compensation should not be granted to the petitioner during the pendency of the writ petition.
The bench listed both of these writ petitions, PIL (Suo Moto) No. 3/2022 and WP (C) No. 239/2024, for further hearing on May 14, 2024.
Earlier, on November 20, 2023, the HC had pulled up the SP concerned for bulldozing the homes of five arson-accused "under the guise of investigation." The court took suo moto cognizance (PIL (Suo Moto)/3/2022) of the matter concerning the bulldozing of the homes of those accused of setting fire to the Batadrava police station in Nagaon district in May 2022.
In another hearing held on January 3, the matter was brought to a close with the HC observing that the government is seized of the matter. The court was informed that a one-man committee comprising the Chief Secretary is enquiring into the incidence of bulldozing of the houses and that appropriate action shall be taken against the erring officers.
The court said at that time that it expected the state to also take appropriate decisions for compensating the persons affected.
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