Principle of equal treatment under the law and the need for reasoned orders in bail applications

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. The complaint was initially lodged against 86 persons including the petitioner. Charge-sheet was filed against 86 persons but the trial was split up and initially the trial was to continue against only 11 persons. The rest of the accused were declared to be absconders. Thereafter, 2 more persons including the petitioner were arrested and, therefore, the proceedings were to continue against 13 out of the 86 accused. Out of these 13 accused, other than the petitioner Dhanu Kalai, all the other 12 accused have been enlarged on bail. Out of the 12 accused who have now been enlarged on bail, it is stated by the learned Pubic Prosecutor that three accused persons namely Biswamohan Tripura, Sabir Debbarma and Utpal Debbarma have fled away to Bangladesh and are absconding. It is, therefore, urged that bail should also be refused to the petitioner because in case he is enlarged on bail, he may also flee away and continue his illegal activities from Bangladesh.

4. 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.

5. It is contended by Mr. P.K. Biswas, learned Sr. Counsel, that on going through the entire record, there is not a shred of direct evidence against Dhanu Kalai except the fact that he was a member/leader of the N.L.F.T. The allegations relate to the period from 1993 to 1996 mainly and with regard to some of the allegations trials have been held and completed. The allegations have to be very specific in nature and these proceedings cannot be permitted to continue for eternity. At this stage, it may be pertinent to point out that a learned Single Judge of the then Gauhati High Court had rejected the bail application of Utpal Debbarma