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2022 DIGILAW 356 (TRI)

Court On Its Own Motion v. State of Tripura

2022-09-05

INDRAJIT MAHANTY, S.G.CHATTOPADHYAY

body2022
JUDGMENT S.G. Chattopadhyay, J. - This suo motu public interest litigation came to be registered on the basis of newspaper reports published in various national and local dailies reporting the widespread violence which occurred in North Tripura district, Unakoti district and Sepahijala district in Tripura on 26th October, 2021. 2. On 29.10.2021, when the matter was first taken up, learned Advocate General submitted a brief note before the Court indicating various steps taken by the State Government to prevent the spread of violence and book the perpetrators of the crime. Having considered the said note of the learned Advocate General and the submissions made by him, the following order was passed by this Court on 29.10.2021: 'After the learned Advocate General brought to our notice the developments as noted hereinabove, the Court indicated to the learned Advocate General its sole concern i.e. the protection of life, liberty and property of all citizens of Tripura. There can be no reiteration that the State owes its responsibilities insofar as maintenance of law and order as well as providing citizens with the security to protect their life, livelihood as well as their properties. Today's local newspapers of Tripura indicate that an uneasy calm is prevalent and no repetition of the occurrences which took place on 26th October, 2021 has yet taken place. It is further informed that all necessary steps are being taken by the State to ensure that such occurrences are not repeated. While taking note of the developments as noted hereinabove, this Court also considers it appropriate to take note of the fact that various peace committees have been formed in various locations where communal strife exists. While commending such efforts on the part of the state, this Court also commends the steps taken by various political parties to restore peace and order within the state. These steps, in our considered view, will go a long way in regaining the confidence of the citizens at large. However, these steps need to be further expanded. Accordingly, the state may consider forming peace committees not only at district levels but also at sub-divisional levels and if necessary at panchayat levels as well and we call upon all political parties to participate fully in such peace process so that confidence of the people of the state can be restored and the underlying strife that exists can be suitably dealt with. Various cases have been registered pursuant to the violence that took place on 26th October, 2021 and incidence which took place prior thereto. We call upon the state to file an affidavit stating the stages at which the investigation is going on and as to whether any accused has been apprehended in such manner. This Court also takes into notice of the fact that the Hon'ble Chief Minister of the State has reported in the local press yesterday as well as today that he has directed the officials concerned to compute the damages that have occurred and to immediately see the compensation as deemed appropriate is granted to them. We direct the state to take urgent action in this regard so that the livelihood of persons who have lost their source of income can be restored at the earliest. In this regard, we wish to record our appreciation of the media at large, in particular the print media who appear to have taken up a very active positive role in trying to restore peace and order within the state. We assert that the media shall remain vigilant at all time and continue discharging its duty in a responsible manner which it has already exhibited. However, it is brought to our notice by the Advocate General that social media in particular have been carrying certain articles or visual footages which are either morphed and/or unrelated to the State of Tripura with sole intent of once again reigniting the passions of people. We direct the State to initiate appropriate action against all such social media platforms in order to ensure that such false, fictitious and or fabricated news articles or visual footages do not come on to the social media platforms and even if they do so that they are removed at the earliest opportunity. This Court calls upon the social media platforms to also act responsibly since today. Media has every right, as a part of their activities to publish the truth. It should not be allowed to be used to spread untruth and spread communal passion.' 3. The State respondents were directed to file affidavit before this Court on or before 10.11.2021 indicating the preventive measures taken by them and their plan of scuttling the design of stoking communal passion. 4. It should not be allowed to be used to spread untruth and spread communal passion.' 3. The State respondents were directed to file affidavit before this Court on or before 10.11.2021 indicating the preventive measures taken by them and their plan of scuttling the design of stoking communal passion. 4. Pursuant to the order dated 29.10.2021, three affidavits came to be filed on behalf of the State-respondents indicating the status of investigation, payment of interim compensation to the victims of violence as well as constitution of various peace committees across the State. 5. From the statement annexed to the affidavit dated 08.11.2011 sworn by the Under Secretary to the Revenue Department, it would appear that as many as 19 victims of the violence were identified in North Tripura district and compensation was paid to them for the loss suffered by them in the alleged violence. 6. From the affidavit dated 09.11.2021 sworn by the Under Secretary to the Department of Home, it would appear that peace committees consisting of representatives of the cross-sections of the society were constituted in all districts across the State to prevent communal tension and promote harmony. Several cases were also registered against the perpetrators of the violence and investigation of those cases were taken up. 7. By another affidavit dated 17.11.2021 sworn by the Under Secretary to the Home Department, Government of Tripura, the State-respondents submitted the details of various fake Facebook posts, fake twits etc. relating to the alleged incidence. 8. By order dated 19.11.2021, the State-respondents were directed to submit further affidavit indicating the updated status of investigation of various cases arising out of the incident and provide the details and the methodology adopted by the State for computing the amount of compensation awarded to the victims of violence. 9. Thereafter, by order dated 28.01.2022, the State-respondents were directed to file a reconciled statement of various measures taken by them to compensate the victims of the violence and apprise the Court of the status of investigation of each of the cases registered against the accused persons. 10. Pursuant to the aforesaid directions, an affidavit came to be filed on 10.02.2022 by the State-respondents in which, Annexure-A was appended disclosing the names of the persons who suffered damage due to the violence and the amounts of compensation paid/disbursed to them. 10. Pursuant to the aforesaid directions, an affidavit came to be filed on 10.02.2022 by the State-respondents in which, Annexure-A was appended disclosing the names of the persons who suffered damage due to the violence and the amounts of compensation paid/disbursed to them. The said affidavit was taken on record and the following submissions of learned Advocate General was recorded under order dated 11.02.2022: 'Heard learned Advocate General Mr. S.S. Dey for the State. Learned Advocate General submits that there is another petition being Writ Petition(s)(Criminal) No. 504 of 2021 along with IA No. 156827/2021 and IA No. 156828/2021 pending before the Hon'ble Supreme Court which are under consideration. It is stated that the aforesaid writ petition and the two interlocutory applications were filed before the Hon'ble Apex Court by persons who are being prosecuted by the State for having placed certain articles in the social media. Learned Advocate General further submits that he has in his affidavit before the Hon'ble Supreme Court indicated that the High Court here at Tripura had registered a PIL on 28.10.2021 on the issue of alleged violence which had taken place on 26.10.2021 in North Tripura District. Various directions have been passed in this matter calling upon the State to apprise this Court about the prosecution of cases pertaining to alleged violence which had taken place in North Tripura. Learned Advocate General also submits that the Hon'ble Supreme Court has called upon the State to provide details of all arrest and/or investigation into all matters pertaining to the North Tripura violence and affidavits are in the course of being filed before the Hon'ble Supreme Court.' 11. The matter was then adjourned for a period of three months and it was directed that once the Hon'ble Supreme Court disposes the matter, State would be at liberty to bring the same to the notice of this Court for earlier listing, if required. 12. On 08.03.2022, learned Advocate General submitted copy of the order dated 25.02.2022 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 1257/2021 which reads as under: 'UPON hearing the counsel the Court made the following ORDER 1. A Division Bench of the High Court of Tripura headed by the learned Chief Justice has entertained a Public Interest Litigation suo moto under Article 226 of the Constitution. A Division Bench of the High Court of Tripura headed by the learned Chief Justice has entertained a Public Interest Litigation suo moto under Article 226 of the Constitution. For the record, the proceedings before this Court contain, at Annexure P-9, a copy of an order dated 29 October 2021 passed by the Division Bench. The first paragraph of the order indicates the genesis of the suo moto proceedings and is reproduced below: 'This suo motu public interest litigation was registered on the basis of various press reports both in National newspapers as well as local newspapers on the issue of violence which occurred on 26th October, 2021 in North Tripura District, Unakoti District as well as Sipahijala District. On notices being issued through the learned Advocate General, learned Advocate General provided a brief note indicating some of the important steps taken by the State of Tripura to bring about communal harmony as well as action taken against the perpetrator of such violence.' 2. The High Court is seized of the suo moto proceedings. 3. Having regard to the above position, it would be appropriate if the issues which are sought to be highlighted by the petitioner in these proceedings under Article 32 of the Constitution are permitted to be raised before the High Court by the petitioner by filing an application for intervention. We permit the petitioner to assist the High Court so that a comprehensive view can be taken on all aspects, including those which have been raised in the present proceedings under Article 32 of the Constitution. 4. Mr. Prashant Bhushan, learned counsel submits that the petitioner apprehends that coercive steps may be adopted by the state police authorities for the petitioner having raised the issue in the public realm. In view of the apprehension, and without this Court expressing any opinion on the merits of the case, we permit the petitioner to make a request before the learned Chief Justice of the High Court to be allowed to make submissions through counsel on the video conferencing platform. Such a request may be appropriately considered by the Division Bench of the High Court. 5. In the event that the petitioner seeks to appear physically before the High Court, he would be at liberty to do so. Such a request may be appropriately considered by the Division Bench of the High Court. 5. In the event that the petitioner seeks to appear physically before the High Court, he would be at liberty to do so. No coercive steps shall be taken by the Tripura police, nor shall any precipitate action be taken which would impede his access to justice. All the rights and contentions of the parties are kept open. We request the High Court to take up the proceedings expeditiously. 6. We accordingly dispose of the present proceedings. 7. Pending applications, if any, stand disposed of.' 13. The matter was thereafter listed before this Court on 14.03.2022 when the following order was passed: '...................The State is directed to provide a list of all pending cases and the status of investigation into those matters as well as to indicate as to whether any accused has been arrested and/or granted bail by competent Courts. Such list be prepared at the earliest and filed before this Court. In the meantime, the learned Advocate General is requested to issue necessary directives for conclusion of the investigation at the earliest.' 14. On 25.03.2022, the Hon'ble Apex Court passed the following order in Writ Petition(s) (Criminal) No(s). 80/2022: '1. Issue notice. 2. Tag with Writ Petition (Crl) No. 470 of 2021. 3. Pending further orders, there shall be a stay of further proceedings in Case No. 2021 WAG 181 dated 3 November 2021, West Agartala Police Station, Tripura.' 15. Heard Mr. S.S. Dey, learned Advocate General appearing for the State. It is submitted by learned Advocate General that the latest status report dated 02.09.2022 prepared by AIGP (Law & Order) of the Government of Tripura would indicate that for the reported incidence of violence, as many as 21 cases have been registered across the State. In 7 cases, charge-sheets have been filed and in 11 cases, final reports have been submitted. 3 cases are pending for investigation. Counsel has further contended that adequate compensation has been provided to the victims of the violence by following appropriate methodology for determination of compensation in terms of the order of this Court. Learned counsel, therefore, urges the Court to dispose the matter. 16. We have gone through the status report dated 02.09.2022 submitted on behalf of the State along with the Affidavit dated 03.09.2022 sworn by the Under Secretary, Home Department, Government of Tripura. Learned counsel, therefore, urges the Court to dispose the matter. 16. We have gone through the status report dated 02.09.2022 submitted on behalf of the State along with the Affidavit dated 03.09.2022 sworn by the Under Secretary, Home Department, Government of Tripura. Paragraph 4 & 5 of the said affidavit reads as under: '4. That, it is humbly stated that there are about 21 (twenty-one) number of total cases registered, and 18 (eighteen) number of cases have been disposed of by submitting Charge sheet and/or Final Report, 3(three) number of cases are pending out of which 1(one) number case viz., West Agartala PS Case No. 181 of 2021, Hon'ble Supreme Court have stayed the investigation and rest two cases shall be disposed shortly within a period of sixty days. A Copy of the Stay Order passed by Hon'ble Apex Court in respect to West Agartala PS Case No. 181 of 2021 is annexed herewith and marked as ANNEXURE-F. 5. That the humble Deponent most humbly further avows that the concerned authorities/officers shall try to complete the investigation either by submitting Charge sheet or Final Report in pending cases within a period of 60 days from 01/09/2022, except West Agartala PS case No. 181 of 2021, investigation of which has been stayed by the Hon'ble Apex Court.' The status report indicates that in 7 cases out of 21 cases registered, charge-sheet has been filed and final report has been submitted in 11 cases. 3 cases are pending for investigation. 17. With regard to payment of compensation, the State-respondents in their Affidavit dated 10.02.2022 sworn by the Under Secretary to the Revenue Department have stated as under: '3. That as per Order dated 28/01/2022 the Hon'ble Court decreed the State Respondents '.....to file a specific affidavit giving the names as well as the amounts of compensation said to have been given to the alleged victims.' in pursuance to the Order the humble Deponent humbly averts that the compensation amount has been disbursed as per the amount prescribed in the scheme viz., Tripura Lynching/mob violence Victim Compensation scheme, 2018. Further, the Sub-Divisional Magistrate has yet again conducted an enquiry in this respect on 12/01/2022 to identify whether if any other victim(s) were left out, and upon such enquiry further 8 (eight) more numbers of victims have been identified. 4. Further, the Sub-Divisional Magistrate has yet again conducted an enquiry in this respect on 12/01/2022 to identify whether if any other victim(s) were left out, and upon such enquiry further 8 (eight) more numbers of victims have been identified. 4. That the humble answering Respondents most humbly avows that the entire amount of compensation to all the victims have been disbursed as per the scheme. The copy of the report of disbursement of the compensation to the victim(s) including their names vide Letter No. F2(6)/SDM/PNS/ Disaster/2018-19/112 dated 12/01/2022 have been annexed herein for reference and marked as ANNEXURE A.' It appears from Annexure-A appended to the said Affidavit that total amount of Rs. 5,33,400/- along with interim relief of Rs. 74,000/- has been paid to 22 victims and the methodology prescribed under Tripura lynching/mob violence Victim Compensation Scheme, 2018 has been followed in determining the compensation. 18. In view of the above, we are closing the matter with the following directions to the State-respondents: i. The pending investigations except those which are challenged before the Hon'ble Supreme Court shall be completed at the earliest subject to the order(s)/direction(s) of the Hon'ble Supreme Court passed in this regard. ii. The State shall continue to identify the victims of the violence who are yet to be identified and provide adequate compensation to them after appropriately assessing their loss. iii. The State shall create permanent mechanism at the block level across the State to prevent recurrence of such incidents. iv. Compliance affidavit shall be filed within a period of three months from today. 19. In terms of the above, the matter stands disposed of. Pending application(s), if any, shall also stand disposed of.