Description Of Legal Dispute
Nature of offence: illegal attempt of taking possession of land of a dolit person.
Introduction of the victim: Ajay Robi Dash, Age: 27.
Fathers Name: Kumar Robi Dash.
Address: Halgosh Para near Baluvoara Post office of Naonga District.
Community: Robi Dash.
Occupation: Shoe Repairer.
Date of incident: 9th January 2015, approximately 2:30PM.
Place of occurrence: Halgosh Para near Baluvoara Post office of Naonga District.
Police station: Naoga Model Town.
District: Naoga.
Introduction of the accused: Nazmul Huda, Age: 45 ,Religion: Islam, Halgosh Para near Baluvoara Post office of Naonga District, 13 other people of the same area come by the lead of Nazmul Huda.
Description of the incident:
Neighbors of Ajay Robi Dash (25) residing in Halgosh Para near Baluvoara Post office of Naoga District created a mosque. For a long time victim Ajay dash was making a claim of having some piece of land inside the said mosque. But his claim was never taken into consideration because of having majority of Muslim community on that place. Moreover his land attach with the homestead was also fallen under conspiracy by some local evil peoples for taking illegal possession. At the date of incident or more specifically on 9.1.15 approximately at 2:30PM on Friday at the end of Jummah prayer, local people of Halgosh para including other local inhabitants with the lead of Nazmul Huda(45) father : Ismail Hossain uncertainly attacked on the house of Ajay Robidash and grievously hurt his family through deadly weapons. Kazli Robi Das, Purnima Robi Das, Bulbuli Robi Das were seriously injured, on this event. They were taken to Naoga sadar Hospital after being injured by the local deprived community . according to Ajay Robi Das, When he went to police station for making or filling a case against the accused persons police advised him not to file a case instead to make a compromise. On last 23rd January 2015 a compromise event took place on Noga police station with the presence of both complainant and the accused persons. Accused persons promised to give some money as damages/compensation. But they demanded that the purity of the masque destroys will not be tolerated by them.
Aftermath of the incident:
Family of Robi das is felling in secured in their area due to fail of many compromise meetings which took place among with the presence of the chairman of union porishad and police.
Nazmul and his accomplices were instructed to give some money as compensation and also prohibited not to repeat the incident on the meeting held in the police station.
Expectation of the disputant parties:
On this incident, Nazmul and accomplices to save the purity of masque told the peoples of deprived community to leave the place beside the masque and to stay on any other place.
Ajay Robi Das and his family of the deprived community wants to make an end of this discrimination (Racial) and humiliation as a person or human being of an independent country he wants the step of the administration against that unjust activity and also wants the punishment of the offenders under current laws.
Present situation of the incident:
Even after taking steps, concerns about this matter by the local chairman of union parishad and police. No permanent was got hence Ajay Robi Das and family is leading life with insecurity. Moreover those uncertain events which hampered or injured the victims are yet not returned to their normal life.
Legal observation of the incident:
As the homestead of Ajay Robi Das is situated beside the Mosque, hence the prima facie reason of this incident is clear. Thus the family of Ajay Robi Das and him has the right to get justice for incident occurred with them under the current law of the country.
Under the current law Ajay Robi Das and his family can file a case under section 324 -326, 350,355and 358 for attacking on them by grievous hurt and for destroying homestead. As it is a cognizable offence the police station can take the case and lodge FIR by taking ejhar, for which he is legally bound. Ajay Robi Das went to file a case in police station; he was advised to make compromise. This behavior of police officer towards Ajay Robi Das was discriminating. Moreover the decisions made for the compensation, against accused person were not implemented. Moreover Ajay Robi Das is getting threat of eviction from his homestead. At this moment Ajay Robi Das can make a GD or make proceeding under section 144 to executive magistrate for having protection. Moreover civil remedy can also be sought under specific Relief Act.
Overall opinion and recommendation:
This kind of sectary is always seen in many places of the country including Naogaon which shows discrimination and inhuman behavior towards deprived community and taking illegal possession of them all we have to be very conscious to ensure the land rights of the deprived community
International arbitration case analysis is provided to Invest4Justice by the lawyers of the International Arbitration Attorney Network. All other legal advice is provided by Aceris Law LLC.
Return of $0.25 per $1 : Support for Dalits Marginalized groups




