CHANDRAPATI DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Deb, learned senior counsel assisted by Mr. S.B. Debnath, learned Counsel appearing on behalf of the Appellant and Mr. T.D. Majumder, learned Counsel appearing on behalf of the Respondents.

(2.) This appeal is directed against the order dated 8.4.2002 passed by the learned Single Judge in WP(C) No. 157 of 2002 dismissing, in limine, the writ petition flied by the present Appellant. The writ petition was flied alleging to the effect that her son, Bijoy Debbarma, was killed by personnel of the TSR while he was in their custody and praying mainly for directing the Respondents to pay a sum of Rs. 5 lakh as compensation to her in that regard.

(3.) In the course of proceeding of this appeal, this Court, having regards to the dispute in between the parties on the question if the said Bijoy Debbarma had died as d result of the torture or assault made by the personnel of TSR in their custody or if he had died as a result of injuries caused by himself while attempting to escape from the custody of the personnel of TSR, on 28.8.2002, ordered the learned District Judge, West Tripura, Agartala to conduct an enquiry into the matter and submits a report within the period specified In the order. Both the parties were given liberty to adduce their respective evidences before the learned District Judge, who was also asked to take ail the necessary step as he might deem fit and proper. In pursuance or the direction of this Court, the learned District Judge made the necessary enquiry and submitted his enquiry report dated 28.8.2002.