ON DEATH OF MAGNI DEVI JAIN HER LEGAL HEIRS BINOD KUMAR JAIN AND ORS W/O PANNA LAL JAIN Vs. STATE OF ASSAM AND ORS REP BY ITS CHIEF SECY

JUDGEMENT

(1.) The Extra ordinary writ jurisdiction of this Court is sought to be invoked by means of filing these two petitions under Article 226 of the Constitution of India. As the facts are common, for the sake of brevity, the facts of the first petition is narrated below.

(2.) A senior citizen is before this Court as the original petitioner praying for justice. The facts would reveal an unholy nexus of high ranking Police officials with some dreaded criminals with the object to grab land in a prime area of Guwahati City and in that process there is the instance of abduction and murder. A bare glance of the case pleaded in the writ petition as well as the various affidavits would reveal that in spite of glaring materials and evidence, no investigation, worth its name has been done and the same is obviously because of the apparent involvement of some Police officers including a high ranking one. It seems that after holding a high post, a section of people tend to forget that no one is above the law and under the Rule of law, all persons are to be treated equally.

(3.) This petition was initially filed by Smti Magni Devi Jain with the grievance that there was total inaction on the part of the respondent authorities in taking up any action against the land grabbers and land mafias including a high ranking Police officer who by use of influence, muscle power, fabricating documents and other illegal activities were involved in grabbing of a plot of land in the heart of the city of the Guwahati and in the said process abducted and killed the Care taker of the land in question.