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2016 DIGILAW 391 (TRI)

Biresh Chandra Malakar, son of late Tulsiram Malakar v. State of Tripura

2016-11-18

S.TALAPATRA

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JUDGMENT : Heard Mr. N. Das, learned counsel appearing for the petitioners as well Mr. T.D. Majumder, learned G.A appearing for the respondents No.1 to 3. None appears for the remaining respondents. As no adverse order is proposed to pass against the respondents No.4 to 11, the notice on them has been dispensed with. 2. By means of this writ petition, the petitioners have urged this Court to direct the respondents No.1,2 & 3, in particular, to take action in terms Section 17 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and declare the land as covered by Khatian No.253 of Mouja Kamrangabari, Annexures 12 & 12A series to the writ petition, as atrocity prone zone. 3. Mr. Das, learned counsel appearing for the petitioners has submitted that the private respondents or at their instance, the petitioners are facing the atrocities for their being the member of the Scheduled Caste community and as such, they are the victims in terms of Section 2(ec) of the said act. Mr. Das, learned counsel has further submitted that Section 3 of the said Act provides punishments for offences of atrocities. He has also not disputed that some of the petitioners filed complaint against such atrocities but on investigation, it was found that there was no material. Against such police report, they have submitted the protest petition, which is now under consideration of the special designated court. Despite that, as it is alleged in the writ petition, the private respondents are still continuing with the atrocities of various nature. 4. Being aggrieved by such action, the petitioners had filed one representation to the District Magistrate & Collector, Unakoti District, Tripura, the respondent No.2 herein, seeking their protection by way of declaring the said area as atrocity prone zone within the meaning of Section 17 of the said Act and also for taking appropriate action for ensuring punishment of the private respondents for wrongfully dispossessing their land or preventing them from using the water and for interfering with peaceful enjoyment of life. He has further submitted that since such atrocities are recurrent in nature, it is the duty of the competent authority as described in Section 17 of the said Act to take preventive action as well as to declare the said area as atrocity prone zone. Mr. He has further submitted that since such atrocities are recurrent in nature, it is the duty of the competent authority as described in Section 17 of the said Act to take preventive action as well as to declare the said area as atrocity prone zone. Mr. Das, learned counsel having referred the representation, Annexure 16 to the writ petition, has submitted that by the communication dated 15.03.2016, the Addl. District Magistrate & Collector, Unakoti District, Kailashahar has informed the attorney of the petitioners namely Sri Subash Malakar that their petition was carefully considered and found that the dispute between the private respondents and them are purely on land related issue which falls within the jurisdiction of the civil courts and such matter does not fall under the purview of the said Act or the Rules made thereunder. 5. From the other side, Mr. Majumder, learned G.A. appearing for the respondents No.1 to 3 has submitted that the appropriate action is taken whenever a complaint relating to the atrocities on Scheduled Caste and Scheduled Tribes are reported to the competent authority and the law is on motion both for their protection and for appropriate legal redress. 6. After going through the records produced with this petition, this court making without any comment either on the involvement of the private respondents or to their act and hence, without giving them any notice, is of the view that this writ petition can be disposed of at this stage. On the face of the order dated 15.03.2016, it appears that the decision of the respondent No.2 in particular, suffers from serious misconception of law. Atrocities on the Scheduled Castes or Scheduled Tribes have been well defined in Section 2(a) of the said Act, which provides that ‘atrocity’ means an offence punishable under Section 3 of the said Act. Section 3 of the said Act provides that ‘whoever, not being a member of a Scheduled Caste or a Scheduled Tribe’ acts or puts or does the acts or the further acts, shall be amenable to the action for offences of atrocities. Section 3 of the said Act provides that ‘whoever, not being a member of a Scheduled Caste or a Scheduled Tribe’ acts or puts or does the acts or the further acts, shall be amenable to the action for offences of atrocities. Section 3(f) of the said act clearly states that someone who ‘wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe’ or gets such land transferred or wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom would make him liable for committing atrocities. Therefore, the decision as reflected in the communication dated 15.03.2015, Annexure18 to the writ petition, is on the face is unsustainable and is interfered with. The Superintendent of Police, Unakoti, Tripura, the respondent No.3 herein, is directed to conduct an inquiry into the allegations made by the petitioners by way of their representation, Annexure 16 to the writ petition, and thereafter he would pass the necessary order within the province of Section 17 of the said Act. While conducting the inquiry, the petitioners shall be given opportunity of being heard and to produce their relevant records. If on inquiry, it is found that the area as referred above has become prone to atrocities, the Superintendent of Police, Unakoti, Tripura shall furnish his report to the designated court for purpose of declaring the said area as atrocity prone area and also to take further preventive action as provided in the said Act. For that purpose, the petitioners shall furnish a copy of the representation, Annexure 16 to the writ petition, to the Superintend of Police, Unakoti, Tripura within 15(fifteen) days from today for his taking necessary action in view of the observation made in this judgment and order. If the respondent No.3 on his review finds that there is any threat perception to the petitioners, he would direct the concerned police station to take suitable action. It is expected that the entire exercise shall be completed as expeditiously as possible. If the respondent No.3 on his review finds that there is any threat perception to the petitioners, he would direct the concerned police station to take suitable action. It is expected that the entire exercise shall be completed as expeditiously as possible. With this observation and direction, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to Mr. Majumder, learned G.A. for onward transmission.