Firing along Assam-Mizoram border: Gauhati HC closes PIL, keeps compensation issue open

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice RM Chhaya and Justice Soumitra Saikia closed the PIL (44/2021) in connection to the firing along the Assam-Mizoram border leading to the death of a few Assam police personnel, but kept the compensation issue open.

The petitioner approached the Court and prayed for some relief - handing over the FIRs registered in Assam and Mizoram to the CBI and the NIA, calling detailed reports from both the Assam and Mizoram governments on the unfortunate incident of firing causing the death of seven Assam Police personnel and grievous injuries sustained by more than 70 persons which include civilian and Assam Police personnel and/or pass any other order or orders as may deem fit and proper.

Advocate generals appearing for Assam and Mizoram stated that after the incident of July 26, 2021, some senior Cabinet Ministers of the Government of Assam personally visited Mizoram to meet their counterparts and, after the meeting of the senior ministers of both states, the tension at the border eased out and normalcy prevailed. It is also stated that all the trucks and other vehicles stranded at the border have started moving freely the Ministry of Railway has also restored the railway track, and presently there is free movement of the railway in Mizoram. It is further stated that even the travel advisory dated July 29, 2021, which was issued by the Government of Assam, has been withdrawn and presently there is free movement of vehicular traffic between the

two states and no major incident of violence is reported after July 26, 2021. Advocate generals appearing for the State of Assam and the State of Mizoram have also stated that both the State Governments are making endeavours to amicably resolve the inter-State border dispute between Assam and Mizoram. Learned counsel appearing for the petitioner has also agreed that tension at the border has eased out and normalcy has prevailed and railway and vehicular traffic have started a free movement. It is also not disputed by the learned counsel for the petitioner that no major incident of violence is reported after July 26, 2021.

In view of the aforesaid, this Court is of the opinion that the broader issue arising out of this PIL has been taken care of by both the respondent States of Assam

and Mizoram and as of date peace has prevailed.

The counsel for the petitioner further submitted that the State respondents should be directed to compensate the kith and kin of the victims by awarding appropriate compensation, especially to those who have lost their lives in the police firing. At this juncture, it is appropriate to note that the wife of one of the victims has also filed a separate writ petition, WP(C) 4485/2021, wherein the petitioner has prayed for identical relief as prayed for in the present PIL. Learned counsel for the petitioner in WP(C) 4485/2021 has pointed out that the present PIL was filed before the filing of the writ petition.

In view of the aforesaid, the Court deems it fit to close the present proceedings with a clarification that disposal of this PIL shall not in any manner affect the rights of the petitioner in WP(C) 4485/2021. The issue of compensation is kept open, which may be dealt with by this Court in WP(C) 4485/2021 independently.

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