Antil vs . Central Bureau Of Investigation ...
2022 Latest Caselaw 882 Tri

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                           HIGH COURT OF TRIPURA
                                 AGARTALA
                            WP(C)(PIL) No.14 of 2022

                             Court on its own motion
For Respondent(s)               : Mr. S. S. Dey, Advocate General,

Ms. Ayantika Chakraborty, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

_O_R_D_E_R_ 21/09/2022 (Indrajit Mahanty, C.J.)

The present Public Interest Litigation (PIL) has come to be

registered on a submission advanced by Mr. S.S. Dey, learned Advocate

General, insofar as Section 436A of the Code of Criminal Procedure

(Cr.P.C) is concerned wherein learned Advocate General highlighted a

judgment passed by Hon'ble Supreme Court in the case of Satender Kumar

Antil Vs. Central Bureau of Investigation & Anr. in Miscellaneous

Application No.1849/2021 arising out of Special Leave Petition (Crl.)

No.5191 of 2021 along with other petition dated 11th July, 2022.

The issue raised is of immense importance and consequently,

we direct the Registrar General of this Court to seek information from all

the District & Sessions Judges of the respective district of the State of

Tripura detailing therein the period of custody of each of the Under Trial

Prisoners(UTPs) and the provisions of law under which their custody has

been directed and also to see as to whether any of these persons come under

the category as stated by the Hon'ble Supreme Court in Bhim Singh Vs.

Union of India & Ors. reported in (2015) 13 SCC 605 or not.

The exercise shall be carried out forthwith by the respective

learned District & Sessions Judges and in all such cases, it is appropriate for

the Trial Court to consider each case on its own merit under the mandate

vested under Section 436A of Cr.P.C and take necessary steps in this regard

as stated by the Hon'ble Supreme Court in case of Bhim Singh (supra). This

exercise be completed within a period of 4(four) weeks from today and

results thereof be intimated to the Registry of this Court by 31 st October,

2022.

The learned Advocate General is directed to request all the

Public Prosecutors of all the districts as well as the officials to cooperate in

this matter and the prison authorities of the State shall provide the necessary

details of the period for which the UTPs are in custody to the respective

Courts.

List this matter on 31st October, 2022.

(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ

Manti D'Barma