Monwara Begum vs State Of Assam And 4 Ors

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned Govt. Advocate appearing for the respondents.

By filing this habeas corpus petition under Article 226 of the Constitution of India, the petitioner, Monowara Begum is seeking issuance of a writ in

the nature of habeas corpus upon the respondents to produce her husband, namely, Fakrul Islam, who is missing from police custody since 11.01.2022.

The case projected by the petitioner is that her husband Fakrul Islam is an Assistant Teacher at Asimia Senior Madrassa and is presently also the

In-Charge Superintendent of the said school. For reasons not disclosed to the petitioner or any other family members, the husband of the petitioner

was detained by the police personnel of Patherkandi Sadar P.S. on 10.01.2022 and after his medical check-up at about 1.00 p.m., he was taken to

Karimganj P.S., but his whereabouts is not known since morning of 11.01.2022 and he is missing from the police custody. It is projected that the police

claims that the petitioner had escaped from their custody and it is alleged that the petitioner and her family members are being harassed by the police.

The learned counsel for the petitioner has submitted that although the petitioner had sought for information from the police, but the petitioner was

neither informed why her husband was being detained by the police nor any arrest memo was served to the petitioner or any other family members.

Per contra, the learned Govt. Advocate has produced a status report in connection with the husband of the petitioner and it is projected that as the

husband of the petitioner was complaining of high blood pressure and low insulin, he was not kept in police lock-up, but kept in the custody of the

Sentry of the Patherkandi P.S. and he was allowed to be attended by one of the relative of the petitioner’s husband, namely, Siddiq Ali and at

around 7.00 AM on 11.01.2022, both had escaped from the Sentry post taking advantage of the sleeping Sentry. It is submitted that as per the mobile

call data, the husband of the petitioner had spoken to the petitioner over his mobile phone and that the escape of the petitioner’s husband is also

recorded in the CCTV footage of the Police Station.

Be that as it may, issue notice returnable on 20.01.2022.

Requisite extra copies of the writ petition shall be furnished to the learned Govt. Advocate in course of the day. In this regard, the learned counsel

for the petitioner submits that a PDF copy of the writ petition has already been mailed to the learned Govt. Advocate and he would provide further

PDF copy in course of the day. As the Court is otherwise closed for Bihu holidays, the Court permits the learned counsel for the petitioner to serve

PDF copy of the writ petition to the learned Govt. Advocate.

The State authorities shall ensure production of the case diary as well as the copy of the CCTV footage in the next day. This being a habeas corpus

petition, the Court expects all the respondents to file their respective affidavit-in-opposition.

The Officer-in-Charge of the Karimganj Sadar P.S. (respondent no.4) and the Officer-in-Charge of the Patherkandi P.S. (respondent no. 5) shall

not take any coercive action against the petitioner, namely, Monowara Begum.

In view of the ensuing Bihu Vacation, the Court-Master shall provide a true copy of this order to the learned counsel for the petitioner as well as to

the learned Govt. Advocate.

List on 20.01.2022.