AGARTALA, Oct 23 (TIWN): Displaying inhumanity, Tripura Police have continued to harass brain-stroke, heart-disease patient, opposition MLA Badal Choudhury who was admitted on October 21 in ILS hospital in Agartala. The arrest was based on an FIR against him which was politically motivated case under the BJP Govt’s pressure according to the media reports and also legal cell of the opposition CPI-M. Badal Choudhury’s anticipatory bail plea was rejected by District court after a hearing till night 12 O’Clock on 16th October and since then Police continued to raid for Badal Choudhury whereas the Govt suspended huge numbers of Govt officials including police top officials as Badal Choudhury remained untraced. After that Badal Choudhury filed a petition in the High Court of Tripura demanding anticipatory bail but before the final order, out of week-long mental tortures and lack of medicines, on October 21 night Choudhury was hospitalized and then when media and opposition top leaders visited the hospital, police force too rushed to the hospital and arrested Badal Choudhury whereas Badal Choudhury’s advocates said, he was never arrested but surrendered.

However, seeing the urgency of police to Govt top layers to take Badal Choudhury in custody, eminent lawyer Bikash Bhattacharjee said that the urgency of the Govt level proves clearly it is a politically motivated case against MLA Badal Choudhury.

Why Police’s activity and brutality against Badal Choudhury is a violation of “Right to Life” ?

First of all, involvement of Badal Choudhury in the alleged PWD scam could not be proven yet, neither any arrest warrant could be issued but police trying to drag him in the custody which a violation of “Right to Life”, where the gravity of the alleged crime has almost nil value.

Article 21 of Indian Constitution provides few sparkles of hope to the lives of arrested, undertrials and convicts. The treatment of such people has to be humane and in the manner prescribed by law. It says the procedure adopted by the State must, therefore, be just, fair and reasonable.

The primary purposes of criminal law are Deterrence, Retribution and Protection. Reformation & Rehabilitation are the silent purposes to improve the hues of society. “Once Criminal, Always Criminal” can’t sustain the test of reasonableness, wisdom and conscience. All crimes are not same and so aren’t criminals. Gravity, nature and involvement define which yardstick of jurisprudential law is to be applied. However, application of yardstick is based on discretion to be exercised within the limit of State law.

One of the rights of an arrested person under Indian constitution 
The powers for making an arrest by police are subject to restraints and judicial supervision and scrutiny to protect the fundamental right to life under Article 21 of the Constitution of India of all persons. Imposition of such restraint is clearly the recognition of rights of the arrested person. Chapter-V of the Criminal Procedure Act (CrPC) contains provisions relating to arrest of persons, restrains and judicial supervision & scrutiny.