The Tripura High Court has dismissed a petition filed by senior Congress leader and former MLA Gopal Chandra Roy, who sought Rs 10 lakh in compensation for an alleged violation of his fundamental rights during a police search of his residence in 2020.
Court Upholds Lower Court's Decision
A division bench comprising Justices M S Ramachandra Rao and S Datta Purkayastha upheld the order of a single judge, which had earlier dismissed Roy's plea. The bench agreed with the single judge's view that the High Court could not express an opinion on whether police officials violated the law, given the existence of disputed questions of fact in the case.
The court reiterated the direction that the petitioner should seek redressal by approaching the civil court for any compensation claims. "This court cannot express any opinion that the police officials have violated the law," the bench stated, referring to the single judge's order.
The Background of the Case
The case stems from a police action in 2020, during the COVID-19 pandemic. Police personnel searched Roy's home as part of an investigation into a forgery case. The First Information Report (FIR) was lodged by Additional Public Prosecutor Arabinda Deb.
The allegations centered on the purported use of a forged letterhead bearing the State Emblem of India. It was claimed this letterhead was used to make statements circulated in the media that accused the then Chief Minister of Tripura, Biplab Kumar Deb, of providing false information about COVID-19 infections in Manipur and Karimganj, thereby causing panic.
The case was registered under Sections 469 (forgery for harming reputation) and 120B (criminal conspiracy) of the Indian Penal Code. Roy, who served as the state president of the Congress, contended that the search violated his fundamental rights to free movement, free expression, privacy, life, and personal liberty under Articles 19 and 21 of the Constitution.
Legal Proceedings and Court's Stance
Roy's initial claim for compensation was dismissed by a Single Judge Bench in 2023. The recent appeal challenged that dismissal. The state government, in its defense, argued that no sufficient grounds were found to proceed with an investigation based on Roy's complaint about the raid.
The High Court bench also noted a related procedural detail: a trial court had previously dismissed a police application for a search warrant on April 6, 2020, citing a failure to meet requirements. However, the High Court declined to comment on the correctness of that trial court order to avoid prejudicing any future proceedings.
By dismissing the plea, the Tripura High Court has effectively closed the door on this specific legal avenue for Roy, directing him to the civil court if he wishes to pursue the matter of compensation further.
