TIWN March 16, 2021
AGARTALA, March 16 (TIWN): Tripura High Court while quashing the Look out Circular (LoC) against TIWN Editor Saumen Sarkar has said that no action of the Govt which will take away a person's personal liberty should not be based on hypothetical ground.
'Mere allegation cannot form antecedent', said the Court.
(Antecedents are the life history and previous convictions of a defendant in a criminal case)
Briefing media at Tripura High Court, Adv Amitbha Roy Barman said that all these cases filed against Saumen Sarkar are motivated which have "no ground".
High Court also asked Tripura Govt to withdraw LoC within 24 hours.
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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