Court upholds procedural boundaries, rejects fundamental rights violation claims in contested forgery probe.

The Tripura High Court has firmly rejected the ₹10 lakh compensation claim filed by former MLA and Congress leader Gopal Chandra Roy, who alleged that a police raid on his home in 2020 violated his fundamental rights under Articles 19 and 21 of the Indian Constitution.
Roy had sought damages claiming infringements on his rights to free movement, free expression, privacy, life, and personal liberty during a police search linked to a forgery investigation. The raid took place amid the COVID-19 pandemic and centered on allegations that Roy used a forged letterhead bearing the State Emblem of India to defame then Chief Minister Biplab Kumar Deb.

A division bench of Justices M S Ramachandra Rao and S Datta Purkayastha dismissed Roy’s plea, endorsing the earlier single judge’s view that factual disputes in the case necessitate resolution in a civil court, not through the high court’s writ jurisdiction.
The bench stressed that it could not definitively determine whether police officials had overstepped legal boundaries, underscoring the need to avoid prejudicing ongoing proceedings. It also declined to comment on a previous trial court order that dismissed a police application for a search warrant due to procedural lapses.
“The high court is not the forum to express opinions on whether the law enforcement authorities acted lawfully or not. The petitioner must pursue civil remedies if compensation is sought,” the court stated.
This ruling highlights the judiciary’s cautious approach in balancing fundamental rights claims against procedural complexities in criminal investigations, reaffirming the separation between civil claims and criminal procedural adjudication.

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