DEBAJIT DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharjee, the learned senior counsel, assisted by Mr. A. K. Choudhury, the learned Counsel for the Petitioner. Also heard Mr. G. Soren, the learned Counsel for State Respondents.

(2.) The case of the Petitioner is that he is carrying on the business of installation and operation of weighbridge in collaboration with the Transport Department, Government of Assam at Srirampur in the district of Kokrajhar, Assam since 2001 and that as the aforesaid place is predominantly politically disturbed area, in the year 2007, he was compelled to approach the Assam Police for providing him with Personal Security Officer (PSO) for protection of his life and liberty. In fact, by virtue of Clause 11 of the Deed of Agreement dated 7.5.2003 executed between the firm of the Petitioner, namely, M/s Bikalpa Enterprise and the Transport Department, Govt. of Assam, it was stipulated that the State Govt. would provide necessary security for the project at its own cost. It was pursuant to this agreement that the State Respondents provided one PSO to him, which was subsequently increased to two PS Os when he received threat of kidnapping of his daughter. According to the Petitioner, recently, when he was suffering from dengue fever, the State Respondents unilaterally and without prior intimation withdrew the aforesaid PS Os from him thereby rendering him vulnerable: his free movement has been restricted and he now apprehends threat on his life and liberty. The representation made by the Respondent authorities to restore the PS Os did not evoke any positive response whereupon this writ petition has been filed by him.

(3.) The State Respondents have now filed their affidavit-in-opposition. The stand taken by the State Respondents therein is that the withdrawal, which was affected with the approval of the higher authority, was due to the reported illegal activities of the Petitioner. The Superintendent of Police, Kokrajhar had informed that the Petitioner visited Srirampur under Gosaigaon PS with his PS Os and had siphoned off a huge amount of money from some businessmen and had been indulging in fraudulent activities taking advantage of PS Os provided to him. The representation submitted by him has been duly inquired into and it was decided to assess the threat perception after receiving a report from the Superintendent of Police, Kokrajhar, whereafter the same would be put up before the SSCR for decision. The State Respondents categorically deny that the withdrawal is politically motivated or is at the behest of some powerful lobbies belonging to his business rivals.