SRIJON DEB v. THE STATE OF ASSAM AND 4 ORS

30: SRIJON DEB Page No.# 6/13 S/O- JITENDRA DEB VILL- CHOMKURI P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM PIN- 78871 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 3:THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM ULUBARI GHY-6 4:THE SUPERINTENDENT OF POLICE KARIMGANJ P.O. AND DIST.- KARIMGANJ ASSAM 5:THE COMMANDANT OF HOME GUARDS CACHAR SILCHAR ASSA Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/5233/2020 DIPAK MALAKAR AND 21 ORS S/O- NIBARAN MALAKAR R/O- VILL- HARINAGAR P.O.- PURBA HARINAGAR Page No.# 7/13 DIST.- KARIMGANJ ASSAM 2: SUDIP CHANDA S/O- LT. SUKHAMAY CHANDA R/O- VILL- RAJNAGAR P.O. PURBA HARINAGAR DIST.- KARIMGANJ ASSAM 3: AHMED ALI S/O- LT. SAFIQUE ALI R/O- VILL- BARUALA P.O.- BARUALA DIST.- KARIMGANJ ASSAM 4: RISHU NATH S/O- JATINDRA NATH R/O- VILL- SOUTH KALACHUP P.O.- EAST HARINAGAR DIST.- KARIMGANJ ASSAM 5: SECHANTA CHUTIA S/O- SUNU CHUTIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM 6: SUDIP NATH S/O- LT. SATYA RANJAN NATH R/O- VILL- LAKSHMI NAGAR P.O.- KADAMTALA DIST.- KARIMGANJ ASSAM 7: NARESH NATH S/O- LT. NARENDRA NATH R/O- VILL- KALINAGAR BASTI P.O.- KADAMTALA DIST.- KARIMGANJ ASSAM 8: SALIM UDDIN S/O- LT. SUKKUR ALI R/O- VILL- BARUALA Page No.# 8/13 P.O.- BARUALA DIST.- KARIMGANJ ASSAM 9: PINTU DEY S/O- DIPAK DEY R/O- VILL- CHAITANYANAGAR P.O.- MALUA DIST.- KARIMGANJ ASSAM 10: NIRONJU NATH S/O- LT. NIRODBARAN NATH R/O- VILL- KRISHNANAGAR P.O.- KRISHNANAGAR DIST.- KARIMGANJ ASSAM 11: SANJIB CHAKRABARTY S/O- LT. RASENDRA CHAKRABARTY R/O- VILL- DUALIA P.O.- DUALIA DIST.- KARIMGANJ ASSAM 12: BIKU RUDRA PAUL S/O- LT. MOHIT RUDRA PAUL R/O- VILL- DUTTAPUR P.O.- MARJATKANDI DIST.- KARIMGANJ ASSAM 13: ABDUR RAHMAN S/O- LT. SAMJID ALI R/O- VILL- GAMARIA P.O.- GAMARIA DIST.- KARIMGANJ ASSAM 14: SUDIP DAS S/O- SUBASH CH. DAS R/O- VILL- MAHAKAL P.O.- MAHAKAL BLOCK DIST.- KARIMGANJ ASSAM 15: NAJMUL HUSSAIN S/O- LT. MAYAR ALI Page No.# 9/13 R/O- VILL- DHALIBILL P.O.- DHALIBILL DIST.- KARIMGANJ ASSAM 16: NAZRUL ISLAM LASKAR S/O- ILIAS ALI LASKAR R/O- VILL- LAMAJUAR P.O.- LAMAJUAR DIST.- KARIMGANJ ASSAM 17: MRINMAY NATH S/O- LT. M. MUHAN NATH R/O- VILL- BAGHAN P.O.- KATALTALI DIST.- KARIMGANJ ASSAM 18: SUDIP KUMAR DEY S/O- LT. SUKUMAR DEY R/O- VILL- CHAITANYANAGAR P.O.- MALUA DIST.- KARIMGANJ ASSAM 19: AFTAR HUSSAIN S/O- MAKARAM ALI R/O- VILL- BAGLIGOOL P.O. ANGLAR BAZAR DIST.- KARIMGANJ ASSAM 20: TAPAS DEB S/O- DIGENDRA DEB R/O- VILL- SUPRAKANDI P.O.- GRISHGANJ BAZAR DIST.- KARIMGANJ ASSAM 21: RAJESH SAIKIA S/O- PARIMAL SAIKIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM 22: ASHOK KUMAR SAIKIA Page No.# 10/13 S/O- PROMESH SAIKIA R/O- VILL- ADARKUNA P.O.- ADARKUNA DIST.- KARIMGANJ ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-06 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 3:THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM ULUBARI GHY-07 4:THE SUPERINTENDENT OF POLICE KARIMGANJ P.O. AND P.S. KARIMGANJ ASSAM 5:THE COMMANDANT OF HOME GUARDS CACHAR SILCHAR ASSAM ------------ Advocate for : MR. J M A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER

05.09.2022 Heard Mr. M.H. Ahmed, learned counsel for the petitioners and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for all the respondents.

2. Pursuant to a Government letter bearing no. HMA.78/2020/11[ECF139282] dated Page No.# 11/13

11.04.2020, the Deputy Inspector General of Police [A], Assam wrote to the Commissioner of Police, Police Commissionerate, Guwahati and all Superintendents of Police of the districts vide a letter no. FB/XIV/14/Pt/327 dated 11.04.2020 regarding allotment of 5000 additional Home Guards [Advanced Trained/Basic Trained] for an initial period of 2 [two] months from the date of engagement to supplement the existing manpower in Assam Police to deal with the situation which arose out of Covid-19 pandemic. It was informed by the said letter that the Government vide Letter dated 11.04.2020 had approved engagement of 5000 additional Home Guards [Advanced Trained and Basic Trained] for an initial period of 2 [two] months from the date of engagement to supplement the existing manpower in Assam Police to deal with the situation arose due to Covid-19 pandemic. In the said letter, the allotment of additional Home Guards district-wise was also mentioned in the annexure enclosed therewith. The Commissioner of Police, Police Commissionerate, Guwahati and the Superintendents of Police of all the districts were requested to take up the matter with the respective District Commandant, Home Guards to call out the allotted additional Home Guards and depute in their respective district/unit for an initial period of 2 [two] months from the date of engagement. The additional Home Guards so deployed were to be utilized in ensuring all measures undertaken in the battle against Covid-19 and their wages would be paid as per the existing Government notification.

2.1. Subsequent to the said letter dated 11.04.2020 of the Deputy Inspector General of Police [A], Assam, the Superintendent of Police, Karimganj vide letter dated 13.04.2020 wrote to the District Commandant, Home Guards, Cachar, Silchar [Assam] to depute 100 nos. of additional Home Guards immediately for a period of 2 [two] months from the date of deployment for duty in respect of situation which arose due to Covid-19 pandemic.

2.2. It was pursuant to the aforesaid 2 [two] communications regarding deployment of additional Home Guards in the districts due to the situation arose out of Covid-19 pandemic, 30 nos. of petitioners in the writ petition, W.P.[C] no. 4784/2020 and 22 nos. of petitioners in the writ petition, W.P.[C] no. 5233/2020 came to be deployed by the Superintendent of Police, Karimganj as per the instructions provided by the then District Commandant, Home Guards, Cachar initially for a period of 2 [two] months. The period of deployment was Page No.# 12/13 subsequently extended by another 3 [three] months. When the petitioners were in such deployment, a W.T. message was issued from the Superintendent of Police, Karimganj, on

17.09.2020 whereby all the Officers In-Charge of the Police Stations and In-Charge of the Outposts etc. in Karimganj had been directed to release and withdraw all additional Home Guards who were engaged in connection with the duties in relation to Covid-19 pandemic, w.e.f. 17.09.2020 as they had completed the extended period of deployment of 3 [three] months. It is the said release order issued vide W.T. message 17.09.2020 which the petitioners have assailed in these two writ petitions, with the prayer for a direction to the respondent authorities to continue the deployment of the petitioners as Home Guards either on Covid-19 duties or to re-engage them on normal duty of Home Guards.

3. From the instructions contained in the letter dated 11.04.2020 of the of the Deputy Inspector General of Police [A], Assam which was issued in reference to a Government letter bearing no. HMA.78/2020/11[ECF139282] dated 11.04.2020, it is evident that the additional Home Guards came to be deployed for a period of 2 [two] months from the date of engagement for the purpose of supplementing the existing manpower in Assam Police to deal with the situation which arose out of Covid-19 pandemic. It is also evident from the letter dated 13.04.2020 of the Superintendent of Police, Karimganj to the District Commandant, Home Guards, Cachar that 100 nos. of additional Home Guards in Karimganj district would be deployed for a period of 2 [two] months from the date of deployment for duty in order to supplement the existing manpower in Assam Police to deal with the situation which arose due to Covid-19 pandemic. After expiry of the initial period of 2 [two] months, the petitioners were deployed for a further period of 3 [three] months. It is noticed that the Home Guards are raised and trained under the Assam Home Guards Act, 1947, as amended in 2015. The purpose of raising and training of Home Guards is to render voluntary service as an auxiliary force to assist the local police in case of necessity. As it transpires from the afore-stated 2 [two] communications, the necessity to deploy additional Home Guards arose in the year 2020 due to the extra-ordinary situation of Covid-19 pandemic and the purpose of deployment was to supplement the existing manpower in Assam Police to deal with the situation of Covid-19 pandemic. It is also very much evident that the deployment was for a specific period of 2 [two] months from the date of such deployment initially, which was, later Page No.# 13/13 on, extended for another 3 [three] months. Considering the fact that the petitioners came to be deployed for a specific period in case of necessity and having regard to established position that Home Guards render voluntary services as an auxiliary force to assist the local police in case of necessity, this Court has not found any good and sufficient reason to interfere with the decision to release the petitioners who were deployed only for a period of 2 [two] months, by the W.T. message dated 17.09.2020. Consequently, the writ petitions are found devoid of any merits and the same are dismissed.

4. As the petitioners have stated that they are trained Home Guards, the respondent authorities are at liberty to deploy the petitioners in duties as and when necessity arises in future by following the provisions of Assam Home Guards Act, 1947, as amended in 2015. JUDGE Comparing Assistant