Police officers have an obligation to protect the fundamental rights of individuals in custody, and failure to do so results in liability for compensatory damages.

JUDGMENT

S.G. Chattopadhyay, J. - On October 28, 20021, a news item came to be published in a local daily namely, Pratibadi Kalam reporting custodial torture on a 28 years' old woman namely, Smt. Priyashi Datta (Debnath) of Chanmari in the police lockup of GB TOP on 26.10.2021 as a result of which she was admitted in AGMC & GBP Hospital at Agartala. The Chief Justice took suo motu notice of this grave and serious issue on the basis of the said newspaper report and pursuant to his direction this Public Interest Litigation came to be registered. Notices were issued to the State-respondents including the Secretary, Home Department, Government of Tripura and Director General of Police.

2. On 18.12.2021, the Under Secretary to the Home Department filed an affidavit contending as under:

'2. That, this affidavit is prepared to apprise the Hon'ble Court by furnishing facts in regards to the present situation of the aforementioned case as stated below:

On 23.10.2021 at about 1600 hrs a telephonic information was received by GB TOP as well as OC NCC P.S regarding missing of 8 (eight) bhori Gold ornaments from the house of one Laxmi Rani Ghosh of East Chanmari and there was a strong suspicion that her immediate neighbours Babul Debnath 37 years, S/o Lt. Jagadish Debnath of East Chanmari and his wife Smt. Piyusi Datta (Debnath) 28 years were involved in the matter.

On 26.10.2021 at 1155 hrs while Smt. Piyushi Datta (Debnath) was examined at GB TOP by women officer and staff namely W/ASI Hemlata Debbarma and W/C Pushpa Rani Sarkar in connection with the matter. This refers to GB TOP GDE No 10, dated-26-10-2021. Suddenly during examination at about 1215 hrs she reported that she was not feeling well.

Thereafter, she was immediately shifted to GBP Hospital. This refers to GB TOP GDE No.12, dated-26-10-2021. After careful medical examination the attending doctor of Emergency OPD namely Dr. Anish Majumder had opined that she was fit, healthy and mentally alert. After completion of medical examination, she was allowed to go home at about 1240 hrs.

This refers to GB TOP GDE No.13 dated-26-10-2021. It is also to mention here that no CCTV camera is available at GB TOP.

Again, on the same day at about 2240 hrs, a group of local people of East Chanmari under the leadership of one Sri Mithun Das Baishnab appeared at NCC P.S and alleged that Smt. Piyushi Datta (Debnath) was called at GBP outpost and she was beaten by W/ASI Hemlata Debbarma and W/C Pushpa Rani Sarkar on 26.10.2021. The matter was entered in the GD of NCC P.S vide No-38 dated 26.10.2021 and an enquiry was initiated.

During enquiry, it was learnt from the family members of Smt. Piyushi Datta that on 26.10.2021 in the evening time Smt. Piyushi Datta was admitted to GB Hospital by her family members due to some health complications. She was under treatment at GB Hospital w.e.f 26.10.2011 and discharged from the Hospital on 01.11.2021. During her treatment, Police talked to her attending doctors of Female Surgical Ward-II and it was learnt that Smt. Piyushi Datta was suffering from deficiency of hemoglobin for which 2(two) units blood was given to her along with other medicines. No other medical report is available with police. For this, a requisition has been submitted to the Medical Superintendent of AGMC & GBP Hospital to provide the 'Bed Head Ticket' of Smt. Piyushi Datta, which is not yet received.'

3. In view of the statements in paragraph 2 of the affidavit, the following order was passed by this Court on 20.12.2021:

'Perused the reply affidavit filed by