JENAR DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These petitions are interconnected. They have been heard together and would be disposed of by this common order.

(2.) Petitioner of W.P. (C) No.501 of 2016, Jenar Debbarma has prayed for the directions to the respondents No.1 to 3 i.e. the State and its authorities to implement the recommendations of the Police Accountability Commission ('Commission', for short) made under its order dated 23.02.2015. The petitioner has also prayed for further direction to the said respondents to pay a sum of Rs.5,00,000/- by way of compensation for custodial torture of the petitioner by respondent No.4, who was at the relevant time posted as ASI, Ramnagar Police Outpost. According to the petitioner Jenar Debbarma, on 03.12.2010 had an altercation with Suman Sarkar in a market place. The police constable on duty took both of them to Ramnagar police outpost where the respondent No.4 kept Jenar Debbarma in police lock up without registering any criminal case. During this period, he was also assaulted and beaten up which resulted into speech and hearing impairment to the extent of 43%.

(3.) The wife of Jenar Debbarma had filed a complaint before the Commission alleging police torture in custody and illegal detention. On this complaint, the Commission passed a detailed order on 19.12.2012. Several witnesses were examined and the broad conclusions of the Commission were that respondent No.4, Pradip Saha, who was the ASI posted in the said police outpost, on the date of incident had taken Jenar Debbarma in custody without arrest and without recording of any case against him. He was also subjected to physical torture in police custody. He was not provided medical treatment. The Commission recommended various steps in the said report, relevant portion of this report reads as under: