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2015 Supreme(Tri) 652

DEEPAK GUPTA, S.C.DAS
Court on own Motion – Appellant
Versus
State of Tripura by the Secretary – Respondent


Advocates:
Advocate Appeared:
For the respondents: Mr. B.C. Das, Mr. T.D. Majumder, Mr. P.K. Biswas, Mr. D. Chakraborty, Mr. P. Majumder, Mr. H. Laskar

Judgment

Deepak Gupta, J.

This is a very unfortunate case where a Judicial Officer was arrested by the police in total violation of the law laid down by the Apex Court in Delhi Judicial Service Association, Tis Hazari Court, Delhi Vrs. State of Gujarat & Ors., AIR 1991 SC 2176.

2. The brief facts leading to the initiation of this writ petition are that on Sunday the 8th June, 2014, a news item appeared in one of the local newspaper namely, ‘Dainik Sambad’ wherein it was stated that Sri Motom Debbarma, a Judicial Officer belonging to the Tripura Judicial Service had been arrested on the night intervening 6th/7th June, 2014. This news item was brought to the notice of one of us (Chief Justice) and the Registrar General of this Court was immediately directed to call for the report of the Superintendent of Police in this regard. The Chief Judicial Magistrate, West Tripura, Agartala was also asked to furnish his report in the matter.

3. The Superintendent of Police sent a communication on 09.06.2014 to the Registrar General. Relevant portion of the communication reads as follows:-

“…The fact in brief is that on 6.6.2014 night at around 2200 hours, the Police officers and staff of New Capital







































































































































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