KUNTALA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this PIL petition, the petitioners, who are practicing Advocates of this Court pray for the following reliefs:

(2.) A direction to the Respondents to appoint a Judicial Enquiry Commission into the alleged murder od Satradhikar Deben Mahanta and Sumeswar Hazarika and other indigenous people of Adi-Alengi Satra and Kamalabari Satra; and of rape of women of the said Satra and also to probe into the murder of Satradhikar of Baradielengi Satra and rape of women, thefts and robbery of rare antiquities of different Satras as well as otf historical and religious places of Assam, encroachment of Satra lands, removal of encroachers from Satra land, to provide sufficient security to the Priests of Satras and preserve the historical and cultural importance of such places of worship in Assam.

(3.) This petition was filed on 18.1.92. The Respondent State in its affidavit-in-opposition as filed on 25.9.96 has in substance while disputed certain instances as averred and relied upon by the petitioner have in general and on principle agreed to some of the issues raised in the petitiom and has submitted " that the Government is fully aware of its responsibilities and maintenance of Satriya culture of the State of Assam as well as its duty to preserve the Satras and other culture sites of Assam. With its financial and infrastructural limitations, the Government is taking all necessary and possible steps in this regard. In fact the Satra Preservation Committee was also formed under the Chairmanship of the then Minister of Cultural Affairs on 3.9.90 wherein the Director of Museum, Director Land Records, the Principal Chief Conservator of Forest, Addl. Chief Engineer Roads, D.F.O. (Motivation) in the Office otf the Principal Chief Conservator of Forest, Secretary Home and Political Department, Deputy Director Historical and Antiquarium, Deputy Secretary Education Department, Secretary and Deputy Secretary of Cultural Affairs also attended the meeting. A Committee consisting of Director off Museum Deputy Secretary Education Department, a representative from Forest Department, a representative from the Directorate: of Land Records and the Deputy Secretary Cultural Affairs department as its member Secretary was also formed. The said Committee visited different Satras in the month of March, 1991, whereafter a report of the said Committee was also submitted to the Cultural Affairs Department. It is humbly submitted that the writ petitioner have never approached any Government Department for either making their grievances or to know regarding the steps taken by the Government in this connection. The instant petition has been filed by the writ petitioners without ever bringing their grievances, if any to the notice of the different Government agencies."