Gauhati High Court seeks government affidavit on Jan 28

STAFF REPORTER

GUWAHATI: The Gauhati High Court has asked the State Government to file an affidavit without fail on January 28 in connection with a habeas corpus petition filed recently by one Monowara Begum, who alleged that her husband Fakrul Islam, has been missing from police custody since January 11.

During resumed hearing of the matter, the High Court noted that the Senior Government Advocate has produced two case diaries and CCTV footage, but failed to file an affidavit in accordance with the court's earlier directive dated January 13.

"Since the matter is habeas corpus and life and liberty of a citizen is involved, we hope that State shall file the affidavit within a short span of time. The said affidavit shall invariably be filed on 28.1.2022," the court stated in its latest order.

It may be mentioned that Monowara Begum had filed the habeas corpus petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus to produce her husband. Fakrul Islam is an Assistant Teacher at Asimia Senior Madrassa and also the in-charge Superintendent of the school. For undisclosed reasons, Islam was detained by the police personnel of Patherkandi Sadar PS on January 10, and after his medical check-up at about 1.00 pm on that day, he was taken to Karimganj Police Station, but his whereabouts is not known since the morning of January 11 and he is missing from the police custody.

The counsel for the petitioner (Monowara Begum) informed the court that police claims that Islam had escaped from their custody. The counsel also told the court that the petitioner and her family members are being harassed by the police.

Although the petitioner had sought for information from the police, she 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.

The Government Advocate had earlier produced a status report where it was mentioned that husband of the petitioner was complaining of high blood pressure and low insulin. Fakrul Islam was not kept in the police lock-up but in the custody of the sentry of the Patherkandi Police Station and he was allowed to be attended by one of his relatives, namely Siddiq Ali.

The Government Advocate stated that at around 7 am on January 11, both had escaped from the sentry post by taking advantage of the sleeping sentry. The Government Advocate said that as per the mobile call data, Fakrul Islam had spoken to Monowara Begum over his mobile phone and that the escape of the missing person is also recorded in the CCTV footage of the police station.

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