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'Curtailment of personnel liberty has to be reasonable, not under Hypothetical considerations' : Tripura High Court told State Govt while Quashing LoC against TIWN Editor
TIWN March 16, 2021
'Curtailment of personnel liberty has to be reasonable, not under Hypothetical considerations' : Tripura High Court told State Govt while Quashing LoC against TIWN Editor
PHOTO : Tripura High Court, Photo inset : TIWN Editor Saumen Sarkar.

AGARTALA, March 16 (TIWN): Various news media in Tripura were shutdown, closed under the Dictatorship of Biplab Deb Govt in Tripura for over last 3 years. Journalists were arrested, beaten, harassed and intimidation of media, murdering democracy and curtailment of freedom-of-speech are now common in state. Among the targeted media, Tripurainfoway.com (TIWN) has been in the top list of Biplab Deb Govt and from website blocking to imposing LoC against the Editor in Indian Airports, all types of tricks were played just to shutdown the media voice for criticizing the Govt. Quashing the Lookout Circular (In Case No. WPC 200/2020), Tripura High Court has commented that the Govt's attempt of Curtailment of personnel liberty has to be reasonable, not under hypothetical considerations. "This court cannot shut its eyes to the right of the petitioner", said High Court in its landmark verdict.

 "The action which curtails or takes away the personnel liberty has to be reasonable and proportionate and has to be considered not in the abstract or hypothetical considerations", the Court said.

The verdict has given further strength to the voice of media in Tripura, which facing intimidations for truthful publications. 

Addressing media after the major Victory, TIWN Editor has hailed the Judiciary for uphelding liberty of a citizen.

After Tripura High Court quashed LoC against TIWN Editor Saumen Sarkar, Advocate Amitabha Roy Barman has said that today's High Court's verdict preserving personal liberty of TIWN Editor Saumen Sarkar is a Victory of Truth and as a Lawyer he is satisfied. The Advocate also thanked Adv Purushottom Roy Barman for the victory who filed the petition first.

"...........the  respondents No.1, 2 and 3 are directed to withdraw the lookout notice  within 24 hours from the hour of receiving a copy of this order", HC told the Govt side. 

 Adv. Amitabha Roy Barman and Adv Purushottom Roy Barman fought the case on behalf of the TIWN Editor in High Court. This Look out Circular (LoC) was imposed without any Court order or following any guidelines of the Central Govt. Honourable High Court has mentioned - 1) LoC itself was issued without the permission of the court. So, it was illegal 2) Secondly, the passport cancellation requisition itself was illegal, which is violation of the fundamental rights of the Editor. Honourable High Court observed that his fundamental rights were not only violated but also illegal. High Court has ordered Govt to act as per the order within 24 hours of the verdict.

https://www.youtube.com/watch?v=B8aTLUv4SFU TIWN YouTube Link, Adv Amitabha Roy Barman briefed media

Honourable High Court has quoted, "This court cannot shut its eyes to the right of the petitioner. The action which curtails or takes away the personnel liberty has to be reasonable and proportionate and has to be considered not in the abstract or hypothetical considerations".

Biplab Deb also tried his best to cancel the passport of the TIWN Editor. Observing all the matters, the Court has said, "Having regard to all these aspects as recorded above, the lookout circulars as issued against the petitioner stands quashed..........there is no contemplation of impounding of the passport by way of overstepping the authority, it is directed that without the order of the competent criminal court, the investigating agency shall not venture for taking action for impounding the passport of the petitioner as coercive measure........the writ petition stands allowed". 

 

 

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