The Tripura High Court has directed two government officials to pay a fine of Rs. 5,00,000.
High Court Justice T Amarnath Gaur pronounced this order in a case challenging the promulgation of Section 146.
At the same time, the Hon’ble Court rejected the order to issue Section 146.
According to the report the then Kumarghat SDM, now Mohanpur SDM Subrata Bhattacharya and Kumarghat DCM Abid Hussain have been directed by the High Court to deposit Rs 5,00,000 as fine in the High Court by September 5.
The High Court ordered to collect the fine from the two officials and give it to the petitioners.
According to the details of the case, the petitioner Ranjit Roy has a civil suit against the defendants regarding the joint property road over the shop located in Machmara Bazar of Kumarghat sub-division.
The defendants used their political power to file a case under Section 107 of the CrPC with the SDM & DCM.
Accordingly the two officials Issued the injunction under section 107 under section 146 on shopkeeper vide order dated 2 June 2022.
Challenging this order, the petitioner filed a case in the High Court under Section 482 of the Code of Criminal Procedure.
Speaking on behalf of the plaintiff, senior advocate Purushottam Roy Burman said that the order of injunction under section 146 of the case under section 107 has been made on purpose ignoring the instructions of the Code of Criminal Procedure.
The Hon’ble High Court summoned the concerned SDMs and DCMs to appear in person, seeing gross discriminatory abuse of legal power.
Appearing in the High Court, the two officials could not give any reply. The High Court was stunned by the ultimate abuse of legal power.
The order passed after hearing the arguments of both the parties, the Hon’ble High Court made strict observations against the above mentioned two government officials.
The High Court ordered to send a copy of the order to the Chief Secretary, Finance Secretary.
According to the report this order of the High Court and the financial penalty imposed on the two officials will curb the extreme biased behavior of a part of the administration.
