Police officers and Judicial Officers must comply with the guidelines laid down by the Supreme Court in the Delhi Judicial Service Association case. Violation of these guidelines and making false statements or filing false affidavits will result in disciplinary action and may also lead to contempt proceedings and criminal prosecution.

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 Complex Police Station were engaged in maintaining the Law & order in and around GBP hospital and also to organize medical aid to the injured persons evacuated to G.B. hospital following clash between BSF and local people of South Ramnagar, West Agartala Police Station. As injured from both BSF and public were admitted in the hospital, a large number of people and BSF personnel had assembled there, tension was prevailing in and around GB hospital.

At that time, one four wheeler having its Registration number TR-01-Z-0597 was seen being driven in a very rash and dangerous manner. The rash and dangerous driving by driver of the vehicle TR01-Z-0597 caused serious annoyance to the people. The Police officers deployed signaled the driver to stop the vehicle, however the driver did not stop the vehicle.”

The Superintendent of Police in his report stated that on 06.06.2014 at about 10 p.m., there was a lot of rush in the GBP hospital because medical aid was being provided to some injured persons following a clash between some official of the BSF and the local population.

4. According to this report, one vehicle bearing Registration No.TR-01-Z-0597 entered the hospital premises area and the same has been driven in a rash and negligent manner. The people standing in the hospital got very annoyed. The police officials signaled to the driver to stop the vehicle, but the driver did not stop the vehicle. Some of the police officers along with the local people managed to detain the vehicle. The person driving the vehicle came out of the car and started shouting an abusive language. The police, therefore, detained the driver to prevent deterioration of Law & Order situation. The driver of the vehicle was smelling of alcohol and was arrested under Section 202 of the Motor Vehicles Act and was sent to the Casualty Block of the GBP hospital for medical examination. The Medical Officer opined that the person appeared to be under influence of alcohol. According to the Superintendent of Police, the said driver of the vehicle was taken to the New Capital Complex Police Station and kept in police custody. After he was brought to the Police Station he claimed that he was a Judicial Magistrate.

5. In the report, it is stated as follows:-

“…When he was brought at NCC PS, he claimed himself to be a judicial magistrate, but that version of Sri Motom Debbarma did not appear to be believable as at that time Sri Motom Debbarma was in completely intoxicated state and his overt gestures and postures also did not support such claim.”

6. According to the Superintendent of Police, subsequently it was learnt that Sri Motom Debbarma was a Judicial Magistrate posted at Bishalgarh.

7. The Chief Judicial Magistrate also submitted his report on 09.06.2014. According to the report of the learned Ch