(1.) Petitioner, a member of the Indian National Congress Party, who switched over to join the Bharatiya Janata Party, claims to have been victimized by the political dispensations of the day, be it the left (CPIM) or the right (BJP). Regardless of the colour of parties in power, fearlessly he resisted illegal activities of "local rowdies" having blessings of the "political bigwigs" of different times and hues, bringing discomfort, thus incurring their displeasure and wrath. Whereas the left falsely implicated him in more than 12 cases registered under different provisions of the Indian Penal Code in which he stands "honourably" acquitted, the right curtailed his freedom and liberty by passing an order of preventive detention. This is what a politician, an alleged victim of politics, contends. Well, uninfluenced and independent of such pleas, we proceed to decide this case for ascertaining the fundamental question as to whether right to freedom, a human and constitutional right of a resident of the State, rightfully stands curtailed or not.
(2.) On 30/7/2018, the Superintendent of Police, West Tripura, Agartala sent a report to the District Magistrate and Collector, West Tripura, Agartala indicating that the writ petitioner Keshab Sarkar was creating panic and carrying out noxious activities in and around the area of Jirania Sub-Division since 2007. Out of fear, such illegal activities for wrongful gain and vested interests are preventing the people from "opening their mouth". The grounds, germane to the proposal for initiating action against the petitioner under the provisions of the Act, in brief, are summarized as under:-
(3.) Being satisfied with the material placed before him, of the petitioner having engaged in activities like murder, threat to commit murder, kidnapping, abduction, arson, dacoity, rape, by creating lawlessness in order to destabilize the Government, severely affecting public order and security and that the petitioner is a habituated criminal, anti-social/rowdy element and ready to commit serious crime at any place, the District Magistrate and Collector, West Tripura passed an order dtd. 16/8/2018 directing the petitioner's detention under sub-sec. (2) of Sec. 3 of the Act.
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