WP(C) 3130/2008 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI The petitioner, namely, Sri Pradip Gogoi, who is an accused in some case s, which are pending in the Court of the Designated Judge as well as in the Cour t of the Chief Judicial Magistrate, Kamrup. The petitioner’s elder brother, name ly, Dharmeswar Gogoi, died, on 29-06-2008, at his native village, at Baghsu Maut Gaon, in the District of Sivasagar, Assam, and the requisite religious ceremony , commonly known as Shardha ceremony, of the petitioner’s elder deceased brother is scheduled to be held on 29-07-2008. By making this application, under Article 226 of the Constitution of India, the petitioner has sought for issuance of appropriate Writ(s) commanding the State r espondents/ authorities concerned to release the petitioner, temporarily, so as to enable the petitioner to attend his deceased brother’s Shardha ceremony, on 2 9-07-2008, at Baghsu Maut Gaon. Heard Mr. BK Mahajan, learned counsel, for the petitioner, and Mr. Z Kam ar, learned Public Prosecutor, assisted by Mr. BS Sinha, learned Additional Publ ic Prosecutor, Assam, appearing on behalf of the State respondent. On the basis of the instructions received from the State respondents/aut horities concerned, it has been submitted, on behalf of the State, that in the c ircumstances prevailing in Assam, petitioner’s visit to his village, on 29-07-20 08, on the occasion of the said Shardha ceremony, may create law and order probl em and even the petitioner’s security would become a problem for the authorities , who are vested with the responsibility of maintaining public order. Yet anothe r ground on which the petitioner’s prayer is resisted, on behalf of the State Go vernment, is that the visit of the petitioner to his native village may be used by the extremist organizations to propagate anti-national ideologies. Reacting to the grounds on which the petitioner’s prayer for his release has been resisted, Mr. BK Mahajan, learned counsel for the petitioner, submits that the petitioner’s purpose for visit his ancestral house, at village at Baghs u Maut Gaon, on 28-07-2008, is for the purpose of paying homage to his elder bro ther and not for any other purpose and, if necessary, instead of releasing the p etitioner, for the purpose of enabling him to visit his ancestral house, the pet itioner may be directed to be carried, while still being kept under detention, t o his ancestral house and such a visit of the petitioner to his ancestral house need not necessarily be on 29-07-2008 but may be done even on 28-07-2008. Having taken into account the rival submissions made before this Court, this Court is of the view that in the facts and attending circumstances, the pet itioner needs to be allowed to visit his ancestral house for the purpose of payi ng homage to his deceased brother. At the same time, this Court is also consciou s of the apprehensions regarding the petitioner’s security and the problem of la w and order situation, which the respondents/authorities concerned have expresse d. Though, at one stage of proceeding, it was sought to be contended, on behalf of the petitioner, that the petitioner is willing to visit his ancestral house a t his own risk, this Court is of the view that in the facts and circumstances of the present case, the petitioner can neither be freed for the purpose of enabli ng him to visit his ancestral house nor can his own security be treated to be hi s personal affair inasmuch as it is the solemn duty of the State to protect the life and property of every person residing within the territorial limits of the State. Considering, therefore, the matter in its entirety and in the interest o f justice, it is hereby directed that the petitioner shall be carried, while sti ll being kept in detention, with such arrangement(s) of security, as may be nece ssary, to his ancestral house, on 28-07-2008, for such period as may be deemed r easonable by the respondents/authorities concerned. For this purpose, the petiti oner may be carried to, and be kept detained at, any such place or places, where , according to the respondents/authorities concerned, the petitioner may, for re asons of security and other relevant reasons be kept. With the above observations and directions, this writ petition shall sta nd disposed of. Furnish a copy of this order to the learned Public Prosecutor, Assam.