PRABIN BARTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application for direction for giving custody of the child Riaj Morished All (Ankur) to the Sr. Counsel Mr. AR Barthakur, so that the child can be taken to Dhaka, Bangladesh for production before the appropriate Court where a case relating to kidnapping of the child is pending. When the application was listed before us, on 17-11-95 we directed. Superintendent of Police, Nowgong to produce the aforesaid child along with his grand mother Mustt Karimon Nessa in whose custody the said child was kept by order passed by the Chief Judicial Magistrate, Nowgong. Pursuant to the said order passed by this Court on 17-11-95, the child as well as the grand mother have been produced before us in Court today by the police. Mr. A.S. Bhattacharjee, learned Addl. Advocate General, Assam has also produced before us the copies of the letter dt. 10th September, 1995 of the Secretary to the Govt. of Assam, Home and Political Deptt., to the Jt. Secretary to the Govt. of India, Ministry of Home Affairs, I/C of (Bangladesh), New Delia, the WT message dt. 12-6-95 to the Dy. Secretary, Government of Assam, Political (A) Deptt., to the Jt. Secretary, Government of India, Ministry of Home Affairs, I/C (Banladesh) and other subsequent correspondences which indicates that the authorities are agreeable to repatriate the aforesaid child to Bangladesh, Dhaka. Mr. A.R. Barthakur, learned Sr. Counsel stated before us that the child be entrusted to him and he will undertake to produce the said child before the appropriate Court in Bangladesh, where the case relating to kidnapping of the child is pending. He further submitted that despite the fact that all the authorities, namely, the Chief Judicial Magistrate, Nowgong, the Govt. of Assam and the: Union of India are anxious that the said child would be sent back to Bangladesh, on account of various technical difficulties, the child could not be send to Bangladesh for the last one year and has been away from his parents.

(2.) HAVING considered the aforesaid submission of the learned counsel for the parties and in view of the fact that no objection has come from any quarter for sending the child to Bangladesh for production before the Bangladesh Court though Sr. Counsel Mr A.R. Barthakur, we dispose of the Civil Rule (HC) 52/95 with direction that the aforesaid child, namely, Riaj Morshed Ali shall be given by the police to custody of Mr. Borthakur in Court today and Mr. Borthakur undertakes before us to produce the said child before the appropriate Court at Bangladesh where the case relating to his kidnapping is pending for appropriate orders regarding his custody. Further Mr. Borthakur will take all necessary steps for travel of the child from this Court to Bangladesh Court. Copies of this order shall be furnished to Mr. Barthakur and Mr. A.S. Bhattacharjee, learned Advocate General, Assam. A copy of this order shall also be sent to the Court of the Chief Judicial Magistrate, Nowgong.