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AKIL KURESHI, S. G. CHATTOPADHYAY
Buddhapati Chakma – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Akil Kureshi, CJ. - This petition is filed by the wife of one Pindulal Chakma who died on 4th November 2020 due to the injuries caused by a violent mob with deadly weapons in an incident which took place on 22nd October 2020. The deceased belonged to a Scheduled Tribe(ST). An FIR for the incident in question was filed before the Kanchanpur Police Station by one Ratneshwar Chakma believing that the investigation is not proceeding properly. Since the police failed to make arrests of the accused persons or to include the provisions of Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as “SC ST Act”), the wife of the deceased has filed this petition which includes following prayers :
(i) For transferring the investigation to the Central Bureau of Investigation(CBI).
(ii) To invoke the penal provisions of SC ST Act against the perpetrators.
(iii) To declare Burshingpara village under Kanchanpur Police Station as an identified area in terms of Section 2(c) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter to be referred to as “the said Rules of 1995”).
(iv) To deploy sufficient f
The court mandated effective investigation under the SC ST Act and recognized the right to compensation for victims, emphasizing the necessity for immediate state response to tribal safety and justic....
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
The court emphasized the state's duty to protect citizens' rights, ensure investigations and compensation for violence victims, and establish mechanisms to prevent future communal strife.
Conviction under the SC/ST Act requires proof of the complainant's caste status, which was not provided, leading to the appeal's success.
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
The court's decision emphasized the need for an impartial inquiry, victim and witness protection, and infrastructure improvements in response to the reported incidents in Sandeshkhali.
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.
The court emphasized the distinction between civil disputes and criminal allegations, asserting that civil matters should not be criminalized without sufficient evidence.
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