Illegal searches without court-approved warrants infringe fundamental rights; however, sufficient evidence must substantiate claims for compensation.

JUDGMENT

1. Originally, the present writ petition was filed under Article 226 of the Constitution of India seeking the following reliefs:-

'a. Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to treat the written complaint, dated 04.04.2016, lodged by the petitioner as FIR under the appropriate provisions of law(Annexure-2 to the writ petition).

b. Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to compensate the petitioner by paying Rs-10 lakh as public law remedy for violation of the petitioners' fundamental right to free movement & expression, right to privacy, right to life and health and right to liberty guaranteed under Article 19 & 21 of the Constitution of India.

c. Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to ensure safety & security of the petitioner.

AND

Call for the records pertaining to the instant writ petition from the custody of the respondents and to make the rules absolute.

AND

After hearing both the parties pass order/orders as this Hon'ble High Court considered fit and proper. '

2. At the inception, when the case was filed, it was registered and the same was numbered under the nomenclature of Writ Petition(C) No.645 of 2020. When the matter was listed for admission, upon the prayer of the learned counsel for the petitioner, the Hon'ble Single Bench of this Court by order dated 17.12.2020 deleted the prayer clause(1) in paragraph 33. The said prayer of Clause(1) in paragraph 33 is reproduced here-in-under:-

'a. Issue Rule upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the Respondents to treat the written complaint, dated 04.04.2016, lodged by the petitioner as FIR under the appropriate provisions of law(Annexure-2 to the writ petition).'

3. The said Order dated 17.12.2020 passed by the Hon'ble Single Bench by which the prayer of Clause(1) in paragraph 33 was deleted is also reproduced here-in-under:-

'Learned counsel for the petitioner sought to delete prayer clause (a) in paragraph 33 reserving liberty to file independent proceedings if so advised. Permission, as prayed for, granted. Amendment shall be carried out today itself.

The petitioner is ex-Member of Legislative Assembly of State of Tripura. On 4 th April, 2020 he had written to the Officer-in-Charge of New Capital Complex Police Station, making certain allegations against the Chief Minister. It appears that he had typed the said letter on a paper carrying State emblem. On 5th April, 2020 one Advocate Arabinda Deb wrote to the Officer-in-Charge of New Capital Complex Police Station, Agartala, alleging that the petitioner by use of the said emblem unauthorizedly committed offence of forgery with a view to harm and injure the reputation of the Chief Minister. He requested that necessary legal action against the petitioner be initiated. On 5th April 2020 itself, the police authorities approached the Judicial Magistrate, First Class, Agartala, for issuance of a search warrant against the petitioner. On 5 th April, 2020 the Judicial Magistrate passed an order recording that without further hearing search warrant cannot be issued and, therefore, he reserved the prayer and ordered further hearing on 6 th April, 2020. On 6 th April, 2020 the Judicial Magistrate passed a detailed speaking order rejecting the request for search warrant.

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