KAPHOT DAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.K. Murry, learned counsel for the petitioner. Also heard Mr. D Nath, learned Government Advocate, Assam, for the State respondents.

(2.) In this writ petition the petitioner has prayed for a direction to the respondent authorities to produce her husband, namely, Sri Santosh Dam, who was kidnapped by certain members belonging unlawful organization and has remained untraced since 31.01.2008 in which connection an FIR had been registered in Kheroni Police Station under P.S. Case No.11 of 2008 under Sections 120(B)/121/123/171/365/326/302/307 IPC read with Section 25(1- b)/ 27 Arms Act on 01.02.2008 and failing which to pay a compensation of Rs.20,00000/- to the petitioner's family for the sufferings they have undergone on account of the failure of State to protect the life of the petitioner's husband.

(3.) It is the case of the petitioner that on 31.01.2008 at about 6.30 P.M. a group of terrorist comprising of 12 numbers belonging to Dima Hali Daoga (DHD), kidnapped the husband of the petitioner's namely, Santosh Dam and other persons and on that day another villager was also shot dead by the aforesaid gang in connection with which, an FIR was registered referred to above. It has been stated that the petitioner's husband was a reputed businessman in the locality and a law abiding citizen. However, after the kidnapping of the petitioner's husband by the aforesaid gang the petitioner's family had been reduced to penury as the sole bread earner has been snatched away from their midst. It has been stated that after the incident the petitioner also submitted a written representation before the Superintended of Police, Diphu, Karbi Anglong on 09.10.2008 narrating the aforesaid incident that in which it had been stated that after the petitioner's husband and others were kidnapped by the militant group they demanded a ransom amount of Rs. 20,00,00,000/- out of which the petitioner's family could arrange a sum of Rs.20,00,000/- only to save the lives of the petitioner's husband and others who were kidnapped. It has been stated that though the aforesaid amount was paid to the militants, the petitioner's husband and others were not released and their whereabouts are still unknown.