AGARTALA, Oct 14 (TIWN): In a shocking display of criminals domination of State Police machinery, Pratima Bhowmik’s right hand aide cum notorious smuggler Sunit Sarkar filed a case against a Facebook user Anupam Sinha for commenting on Pratima Bhowmik’s criminal past, and Police jumped into action, illegally arrested an innocent FB user. On April 12,2019, Tripura Police’s IPS officer Kiran Kumar was openly threatened for murder by Pratima Bhowmik (video recorded evidence below) but lameduck Police had no guts to file a FIR and arrest Pratima. Criminal dominated Police officials stooped to such low level that they travelled to Manipur to arrest an innocent FB user Anupam Sinha only because a career criminal wanted to see that anyone criticizes her getting arrested.

Tripura Police’s arrest of a Facebook user Anupam Sinha directly violates an earlier order of  Supreme Court which clearly stated that this type Police actions against FB users violate Indian Citizen’s fundamental rights under articles 19 & 21 which are non-negotiable.

Pratima Bhowmik’s upper hand in controlling Police machinery, even engaging her right hand, smuggler Sunit Sarkar to file false cases, followed by Police’s prompt action indicate Pratima's desire to become Chief Minister.

On April 12,2019 night Pratima Bhowmik’s murder threat, insults to Addl SP Kiran Kumar has been slammed statewide, Police failed to file a FIR and take any action against this criminal.

https://www.youtube.com/watch?v=GSTibnZ8b6o

In criminal style Pratima Bhowmik on April 12, 2019 has threatened an IPS officer is the rarest incident, exposed by TIWN.

Netizens have slammed Pratima Bhowmik as “Crime Queen”, expressed sorrows for having such leaders in Tripura. Complaints have been lodged against Pratima Bhowmik in various places.

Pratima Bhowmik has been operating in same way since 18 months of BJP Govt and such kind of threats by Bhowmik to bureaucrats, Police officials are common, as even without having official position in Tripura Cabinet, Pratima Bhowmik has been operating as the de-facto Home Minister in mafia style.

‘Social media users can not be arrested, ctitizens fundamental rights are protected under Article 19, Article 21’,said Supreme Court of India while releasing Journalist Prashant Kanojia on June 11, 2018, but arrests of social media users are frequent in Tripura in compare to any other state in India although not in a single case police could file any proper chargesheet. Added by harassments of 400 youths in last 2 months for social media posts, today one more person was detained by Tripura Police from Manipur after he commented against BJP MP Pratima Bhowmik.

Police came in quick action when one Sunit Sarkar filed a case against one Anupam Sinha in the West PS, Agartala. Today from Manipur, Anupam Sinha was arrested, said West PS OC-Debaprasad Roy. This arrest is according to Supreme Court’s guideline is however “Illegal”. Earlier, police arrested Tripura Journalist, internet users in same allegation but what is funny in this circle is that till today Tripura Police could not take action against Pratima Bhowmik who gave murder threat to an IPS officer on camera.

Journalist Prashant Kanojia case & SC’s guideline :

Journalist Prashant Kanojia who was arrested over his sarcastic social media post, after he put a video clip with a tweet "Ishq chhupaye nahin chhupta Yogiji (can't hide love in this way, Yogiji)," on June 6. In the FIR, Lucknow police said he had made "objectionable comments" on Adityanath and maligned his image.  Two days after his tweeted, Kanojia was arrested without any arrest warrant and was dragged from Delhi to Uttar Pradesh. However, good news is that while giving bail order for Kanojia, Supreme Court of India has clearly stated, a person can not be arrested over his / her social media post.

In a divisional bench of Justice Ajay Rastogi and Justice Indira Banerjee, Supreme Court in response to a petition filed by Jagisha Arora, wife of Prasant Kanojia said, “In this Writ Petition under Article 32 of the Constitution of India, the petitioner has challenged the arrest and incarceration of her husband – Prashant Kanojia against whom proceedings have been initiated under Sections 500 and 505 of the Indian Penal Code read with Section 67 of the Information Techonlogy Act. We need not comment on the nature of the posts/tweets for which the action has been taken. The question is whether the petitioner’s husband-Prashant Kanojia ought to have been deprived of his 2 liberty for the offence alleged. The answer to that question is prima facie in the negative”.

“The fundamental rights guaranteed under the Constitution of India and in particular Articles 19 and 21 of the Constitution of India are non-negotiable”, said SC.

“We are not inclined to sit back on technical grounds. In exercise of power under Article 142 of the Constitution of India this Court can mould the reliefs to do complete justice”.

“We direct that the petitioner’s husband be immediately released on bail on conditions to the satisfaction of the jurisdictional Chief Judicial Magistrate. It is made clear that this Order is not to be construed as an approval of the posts/tweets in the social media. This order is passed in view of the excessiveness of the action taken. Needless to mention that the proceedings will take their own course in accordance with law. The writ petition is disposed of accordingly”, said SC.

So, under Article 19 and 21, Social media users need not be afraid. Let us know what is Article 19 and Article 21 :

Article 19 : Article 19 of Constitution of India and Right to Freedom. Article 19-22 (Right to Freedom) deal with the different aspects of Personal Liberty, the basic right of a citizen in a democracy. These articles are as follows: Article 19: Protection of certain rights regarding freedom of speech, etc.

Article 21 : Article 21 reads as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty. This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws.

Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of Article 21.

Article 21 secures two rights:

1)  Right to life, and

2) Right to personal liberty.

The Article prohibits the deprivation of the above rights except according to a procedure established by law. Article 21 corresponds to the Magna Carta of 1215, the Fifth Amendment to the American Constitution, Article 40(4) of the Constitution of Eire 1937, and Article XXXI of the Constitution of Japan, 1946.

Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e).

The Recent Statement by SC Justice Dipak Gupta who criticized ruling Govt for such illegal actions :

On 7th September Supreme Court Justice Dipak Gupta criticized arrests incidents under IT Act, Section 66A whenever anyone is criticizing the Govt

The Justice made it clear that nobody can be arrested for facebook posts. Dipak Gupta also said Bishal Singh’s arrest at Sabroom is totally injustice and ill-attempted to snatch freedom-of-speech.

Back in 2018, November one poor man Dipak Debnath was arrested at night 2 am without any warrant just because he shared a news against BJP leaders. Also various opposition social media users were detained, one journalist Saikat Talapatra was arrested from Agartala Airport who not even put anyone’s name while hitting the opposite person.

On September 7, SC Justice Deepak Gupta, judge of Supreme Court, spoke at length about the chilling effect caused by sedition law on legitimate criticism on the organs of state. He also mentioned about the threat of contempt action stifling fair criticism of judiciary.

He was speaking at the a workshop organised by Praleen Public Charitable Trust at Ahmedabad, Justice Deepak Gupta of the Supreme Court spoke at length on the topic "Law of Sedition in India and Freedom of Expression".

----------Supreme Court Order against Police's excessive action against Facebook User-------------------------------

Tripura BJP Govt turned State Police as their puppet and Criminals continue to control Police officials.

Even till date after April 12,2019 inicident of Pratima Bhowmik's murder threat to Addl SP Kiran Kumar, an IPS officer, State Govt ot Police failed to file an FIR against Pratima Bhowmik.

Public already questioning who is actual Home MInister of Tripura ? Who is controlling Police ? Pratima Bhowmik or someone else ?

Under Crime Queen's directions, Statewide narcotics smuggling rampant business continue unabatedly.