By TC News Desk
Agartala, 2nd July 2024: The High Court of Tripura has delivered a landmark judgment in line with the new criminal laws that took effect on July 1. These laws aimed at overhauling the colonial justice system, have been recognized by the state government along with several others across the country. However, the new laws have faced significant opposition from the Congress, Trinamool and various members of the INDI alliance, who have demanded their immediate repeal. Despite this, the government remains firm on not revoking the newly enacted laws.
One of the notable changes in the new legislation is the inclusion of community service as a corrective punishment under Section 4(f) of the Indian Penal Code. This addition was highlighted in a recent judgment by Justice Arindam Lodh in an NDPS case showcasing the innovative application of the law.
The case in question, Birganj police station’s case no. 10/24, was registered on April 15, 2024, when police arrested two youths Jibanjoy Tripura and Selenjoy Tripura on charges of possession and sale of heroin. Following their arrest, the accused sought bail leading to bail application no. 36 of 2024 in the High Court.
On July 1, Justice Lodh delivered a judgment deferring the bail hearing to August 4. He ordered the families of the accused to conduct an Anti-Drug Campaign across their community during the interim period. The objective was to spread the message of de-addiction and create public opinion against the drug trade in rural areas.
Justice Lodh’s directive included specific instructions for the campaign. He mandated that the families engage with the youth and guardians of the village, fostering a strong stance against drug abuse. Additionally, the Officer-in-Charge of Gandacherra Police Station along with the BDO, SDM and Para Legal Volunteers appointed by the Legal Services Authority were instructed to fully assist the families. They were to report the villagers’ responses and campaign details to the court.
Moreover, the District Magistrate of Gandacherra was asked to submit a separate report on the campaign’s effectiveness. All parties involved were directed to present photos and videos of the campaign to the court. Based on these reports, the bail application of the accused will be reconsidered on the next hearing date.
Senior Advocate Subrata Sarkar represented the accused in the High Court assisted by junior counsel Ayesha Saha Hirawat. The state’s case was prosecuted by Additional Public Prosecutor Samrat Ghosh.
The judgment has sparked widespread curiosity and astonishment among the public. Legal experts believe it will pave the way for a new direction in the judicial system emphasizing rehabilitation and community involvement over traditional punitive measures.
Justice Lodh’s decision is seen as a transformative step, setting a precedent for future cases and potentially influencing broader judicial reforms. As the state embraces the new criminal laws, this judgment exemplifies the innovative approaches that can arise from such legislative changes.
