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 justice.

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 force in the area to protect the resident members of Scheduled Tribe.

(v) To provide compensation of Rs.8,25,000/- to the petitioner and the dependents of the deceased in terms of the Rules of 1995 and to provide other support such as family pension and Government job to one member.

(vi) To order inquiry against Officer-in-Charge of Kanchanpur Police Station and Sub-Divisional Magistrate(SDM) of Kanchanpur for wilful neglect of duties which led to murder of the husband of the petitioner.

[2] Facts leading to this petition can be summarised as under :

(i) According to the petitioner, her husband and his brother were allotted lands under Forest Rights Act, 2006 under two separate allotment orders both dated 3rd May 2009. The non-tribal residents of the area wanted to grab these lands. Complaints of illegal land grabbing of the tribals by non-tribals were also made to the Minister of Tribal Welfare and Forest in November 2018 who had asked the SDM to look into the matter and do the needful. This, however, did not lead to any resolution.

(ii) On 19th October 2020, the members of one Vivekananda Memorial Club of Kanchanpur started constructing pandals for Durga Puja on the lands allotted to Pindulal Chakma and his brother (since deceased) without their consent. The family members of the land allottees objected to this activity. On 21st October 2020, wife of deceased Premlal Chakma (brother of Pindulal Chakma) along with a community leader also approached the Kanchanpur Police Station seeking protection against land grabbing by the members of Vivekananda Memorial Club. They were diverted to the SDM upon which a memorandum was presented to SDM on 21st October 2020. However, no action was taken on the same.

(iii) Due to inaction of the SDM, at about 10:00 O’clock in the morning of 22nd October 2020 the members of Chakma tribe of the village organized a peaceful protest at Laljuri bridge, Kanchanpur. At around 11.30 a.m a mob of about 150-200 members and supporters of Vivekanda Memorial Club who were non-tribals attacked the protestors with dao, lathi, iron rod, spade etc. and caused grievous injuries to Pindulal Chakma and one Bikanta Chakma.

(iv) These attackers did not allow the injured persons to be admitted at nearby Laljuri Hospital and, therefore, they had to be taken to Machmara Primary Health Centre situated nearly 10 kilometres away from where Pindulal Chakma was referred to Dharmanagar District Hospital. At Dharmanagar District Hospital, condition of Pindulal Chakma deteriorated and therefore was referred to ILS Hospital, Agartala, where he succumbed to his injuries on 4th November 2020.

(v) An FIR was lodged before Kanchanpur Police Station regarding this incident, on 22nd October 2020, in which it was alleged that the mob of about 150-200 persons belongin