DHANU KALAI Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an application for grant of bail filed by one Dhanu Kalai who is alleged to have committed offences punishable under sections 153(A)/153(B)/120(B)/121(A)/122 of the Indian Penal Code (IPC) and under sections 10/13 of Unlawful Activities (Prevention) Act, 1967.

(2.) BRIEFLY stated, the facts are that in the year 1998, an FIR was lodged by Sri Debajyoti Gautam, Officer -in -charge of the East Agartala Police Station in which it was alleged that certain persons namely Biswa Mohan Debbarma, S/O. Braja Kishore Debbarma, Kamini Debbarma, S/O. Khirode Debbarma, Bishnu Prasad Jamatia alias J. Bosong, S/O. Sridam Manik Jamatia, Janabir Debbarma, S/O. Birgagan Debbarma, Tapan Kalai, S/O. Sri Bhuban Kalai, Nayanbashi Jamatia, S/O. Satish Jamatia and the present petitioner Dhanu Kalai, S/O. Samodi Kalai along with many others had formed an unlawful organization named as National Liberation Front of Tripura (NLFT) with intent to establish an independent "Borok Land Twipra". It was alleged that these persons wanted to secede from the Indian Union and establish an independent country outside the Union of India and that this militant organization was acting in collusion with other armed secessionist organization such as N.S.C.N. of Nagaland etc. and was inciting the indigenous people of Tripura to secede from the Indian Union. It was also alleged that this unlawful organization was engaged in several violent and unlawful activities like murder, dacoity, kidnapping, extortion etc. etc.

(3.) ON the other hand, Mr. P.K. Biswas, learned Sr. Counsel appearing for the petitioner, submits that the complaint was lodged in the year 1998 when extremism was rampant in the State of Tripura. Thereafter, many developments have taken place and the Government itself has introduced a policy for bringing back the militants and ensuring that they join society, become part of the mainstream and live like normal citizens. This Court can also take judicial notice of the fact that in a large number of cases, some of them of very serious nature, the State has withdrawn the prosecution against many of the accused. In the present case also though Kamini Debbarma was one of the main leaders of the organization, the prosecution against him has been dropped and the Government is proceeding on a pick and choose method against some persons and dropping prosecution against some persons.