"What was the need to bring women, children to police station:" Tripura High Court orders inquiry against District Magistrate who stopped wedding

The Tripura High Court deprecated the conduct of District Magistrate (DM) of West Tripura, Sailesh Kumar Yadav who was caught on camera forcefully intervening and stopping a wedding ceremony in State's capital Agartala. .A Division Bench comprising Chief Justice Akil Kureshi and Justice SG Chattopadhyay, took specific exception to the treatment of women and children who were allegedly detained at the police station on the night of the incident. While the State authorities claimed that no arrest or detention was ever made and people present at marriage hall including women and children were brought to the police station only to provide them a safe passage, the Court was far from impressed. "We are unable to appreciate why if the administration was desirous of providing a safe passage to the citizens, the same could not have been done from the marriage hall or the outside precincts thereof and what was the need for bringing the entire marriage party including women and children to the police station. We will inquire into this allegation minutely," the Court said in its order passed on May 5. .The Court, therefore, ordered that an enquiry be held into the same by a the committee which was earlier constituted by the State government. However, the Court increased the strength of the committee from two to three by including former District Judge Subhash Sikdar. An earlier stay imposed by the Court on the probe was also lifted. "The two member inquiry committee constituted by the State Government under order dated 28.04.2021 passed by the Secretary, Government of Tripura shall include former District Judge Mr. Subhash Sikdar. A formal order in this respect shall be passed by the Secretary by tomorrow. It will be the responsibility of the administration to provide him all necessary facilities to enable him to attend to the meetings of the inquiry committee," the Court ordered. .Earlier on May 3, the Court had passed a detailed order asking the government to shift the District Magistrate out of Agartala. The Bench had said that any enquiry would necessarily require recording of statements of witnesses and it would be difficult for many witnesses to come forward and to give truthful account of the incident if the DM is retained at Agartala.The Bench on May 3 had also stayed further inquiry instituted by the State government into the matter. When the matter came up on May 5, the Advocate General informed the Court that the DM has gone on leave for twelve days with permission to leave the station.The Advocate General also submitted that "an order transferring the District Magistrate outside Agartala would be passed.""Now, that the State administration has agreed to transfer the District Magistrate out of Agartala, we would lift the rigors against conduct of further inquiry instituted by the State Government," the Court said. However, looking at the sensitive nature of the incident serious allegations and counter allegations made by both sides, we are of the opinion that such inquiry committee should be expanded so as to include a retired District Judge, the Court added. It, therefore, proceeded to include retired judge Subhash Sikdar in the enquiry committee. The committee was directed to conduct a detailed probe including into allegations regarding detention of women and children in the police station. It also directed that the report of the inquiry "shall not be published without first placing it before the court and without the leave of the court.".While parting, the Court observed that it shares the anxiety of the Advocate General that in such difficult time when the State is grappling with spread of Coronavirus, persons engaged in enforcing rules and regulations should not be demoralized..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.