Min Bahadur Thapa vs State of Assam and Others

N.C. Jain, A.C.J.

In this petition of habeas corpus, the Asst. District Judge No. 2, Kamrup, Guwahati was appointed to give a report to this Court regarding the missing of Sri Durga Bahadur Thapa, father of the Petitioner Min Bahadur Thapa. After going into the question and after recording evidence the inquiry officer has come to the conclusion that on account of the negligence on the part of the police officers on duty, Durga Bahadur Thapa has disappeared. The incident happened on 2.11.95 and since then the aforesaid person has not returned home. Since there was negligence on the part of the police officials belonging to the Assam Government, the Petitioner and his family are entitled to compensation. Although we can not record any finding that Durga Bahadur Thapa is no more in this world, on account of the legal impediment that a person cannot be presumed to be dead unless and until a period of 7 years elapsed from the date of disappearance, yet for the family members the waiting period which is more painful than anything else, is not over. In view therefore the present is a fit case in which two reliefs can be granted. The first is that the Petitioner or any other eligible member of the family be given employment by the Govt. of Nagaland in accordance with his/her qualification and suitability. The family members are further held entitled to the grant of compensation in a sum of Rs. 80,000/- by the Govt. of Assam. The aforesaid amount be given to the wife of Shri Durga Bahadur Thapa by way of Bank draft in her name. The bank draft be deposited with the Registrar General of this Court within two months from today and the Registrar General would pay the same to the wife after proper identification.

For the reasons recorded above the petition is disposed.