SANTOSH CHANDRA CHOWDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. D. B. Sengupta, the learned Senior counsel assisted by Mr. A. K. Deb, learned Advocate appearing on behalf of the petitioner and Mr. S. Deb, the learned senior counsel assisted by Mr. R. Dasgupta, learned Advocate appearing for the respondents. Also heard Mr. T. K. Ray, learned Advocate General, Tripura who has been requested to assist this Court for a limited purpose in order to clarify certain averments made by the State-Respondents in its response.

(2.) The factual matrix of the case necessary for proper appreciation of the controversy at hand is that the petitioners deceased father Atish Ch. Chowdhury was a dedicated Congress worker having his movable and immovable properties at village West Noabadi under East Agartala Police Station in the District of West Tripura. He was elected as Gaon Pradhan of West Noabadi Gaon Panchayat on 17-7-1984. Subsequently, late Atish Ch. Chowdhury was nominated as Chairman of West Noabadi Gaon Panchayat on 8th January, 1991. Due to his political affiliation and political rivalry, the life of the petitioners father was endangered and having considered the adverse law and order situation in the area, the petitioners father had to ask for House Guard as security measure and the Government was pleased to provide the House Guard to the petitioners father from 30-2-1988 to 22-4-1991. But thereafter, the said House Guard was withdrawn for the reasons best known to the authority. It is averred that till the withdrawal of House Guard on 22-4-1991 the life and property of the petitioner along with his father and other family members had been well protected. After the withdrawal of such House Guard the petitioners family had to confront the wrath of the miscreants belonging to rival political group. Feeling insecured by such action, request had been made to the authority for retaining the House Guard for security purpose but the same was not attended to.

(3.) Taking advantage of the withdrawal of House Guard, those miscreants of rival political group felled down valuable trees and plants grown in the house of the petitioner and removed the same for which a report was lodged on 10-6-61 with the Respondent No. 3 by the petitioners father. But no action was taken. Again on 4-5-1992 a group of miscreants belonging to rival political group trespassed the house of the petitioner and uprooted 20 number of coconut trees and that was also reported to the respondent No. 3 i.e. the Officer-in-Charge, East Agartala Police Station, but all had fallen on deaf ears. The situation had gone to such an extent that on 5-5-1992 a group of miscreants belonging to the same rival political group trespassed the hose of the petitioner in the night and threatened the petitioners deceased father and the family of the petitioner with dire consequence in case the petitioners family would not change the political loyality.