Tripura High Court
Mr. P. Roy Barman vs Mr. D. Bhattacharya on 28 November, 2022
HIGH COURT OF TRIPURA
AGARTALA
WP(C)No.708 of 2022
For Petitioner(s) : Mr. P. Roy Barman, Sr. Adv.
Mr. S. Debbarma, Adv.
For Respondent(s) : Mr. D. Bhattacharya, G.A.
Mr. S. Saha, Adv.
HON'BLE THE CHIEF JUSTICE(ACTING) Order 28/11/2022 Heard Ms. S. Debbarma, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents.
2. By means of this writ petition, the petitioner has sought for necessary direction upon the respondents directing the respondents to pay Rs.4 lakh as compensation to the wife and parents of the deceased who died in mob lynching violence which took place on 19.06.2021 at Asharam Kubra para under Kalyanpur P.S. of Khowai District with interest under the Tripura Lynching/mob violence Victim Compensation Scheme, 2018 and to cause proper investigation of Mungiakami P.S. No. MGK-P.S.-20/2021 under Section 341/302/34 of the IPC.
3. Ms. S. Debbarma, learned counsel appearing for the petitioner has submitted that vide notification dated 14.08.2018 issued by the Home Department, Government of Tripura the said scheme of 2018 has been notified and it was published in Tripura Gazette. The said scheme has been notified in exercise of powers conferred by Section 357A of Cr.P.C. The Government of Tripura has framed the scheme for providing fund for purpose of compensation to the victim of his dependents who has suffered loss or injury as a result of lynching Page 2 of 3 or mob violence. The scheme is formulated in pursuance of the order issued by the Hon'ble apex court on 17.07.2018 in WP(C)No.754/2016.
4. Learned counsel appearing for the petitioner has further referred to para-4 of the said Scheme which provides that there shall be constituted a fund namely "Victim Compensation Fund for lynching/mob violence" form which amount of compensation under the scheme shall be paid to the victim or his dependents who have suffered loss or injury as a result of violence and it shall be implemented through District Magistrate and Collector of the State.
5. In para-7 of the said scheme it clearly mandates that in case of death/permanent disability/loss of property interim relief shall be provided to the victim or next of kin of the victim within a period of 30 days of lynching and as per the schedule of the Scheme, in case of death, a quantum of compensation has been fixed at Rs.4 lakh.
6. Counsel appearing for the petitioner has submitted that the deceased Saiful Islam left behind him his wife and his parents and he was the only earning member in the family and all the members of his family were dependent on him. She has further submitted that the petitioner by the letter dated 04.12.2021 submitted an application to the District Magistrate and Collector, Khowai District for compensation under Section 375A of Cr.P.C. under the said scheme. But no positive result has been yielded.
7. She has further submitted that till date, there is no significant progress in the investigation to ensure that who are perpetrators of mob lynching are dealt with, legally proper and effective investigation need to be carried out. If the perpetrators of such heinous crime cannot be punished in accordance with Page 3 of 3 law, it will only encourage mob lynching and mob violence. The miscreants has acted a barbaric and inhuman manner taking life of an innocent person only on the ground of suspicion.
8. Having observed thus, this court directed the District Magistrate and Collector, Khowai District to consider the request of the petitioner filed on 04.12.2021 for considering the case of the death which has been taken place in the Family and in the light of the rules framed by the Tripura State Government in 2018. The request of the petitioner shall be considered in accordance with law within a period of two months from the date of receipt of a copy of this order.
In terms of the above, this petition stands allowed and disposed of.
CHIEF JUSTICE(ACTING) Sabyasachi B