ARINDAM LODH, J. -
(1.)In K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1, Hon 'ble Apex Court of our land observed:
"614. It is wrong to consider that the concept of the supervening spirit of justice manifesting in different forms to cure the evils of a new age is unknown to Indian history. Lord Shri Krishna declared in Chapter 4 Text 8 of The Bhagavad Gita thus:
The meaning of this profound statement, when viewed after a thousand generations is this: That each age and each generation brings with it the challenges and tribulations of the times. But that supreme spirit of justice manifests itself in different eras, in different continents and in different social situations, as different values to ensure that there always exists the protection and preservation of certain eternally cherished rights and ideals. It is a reflection of this divine "Brooding spirit of the law ", "the collective conscience ", "the intelligence of a future day " that has found mention in the ideals enshrined in, inter alia, Articles 14 and 21, which together serve as the heart stones of the Constitution. The spirit that finds enshrinement in these articles manifests and reincarnates itself in ways and forms that protect the needs of the society in various ages, as the values of liberty, equality, fraternity, dignity, and various other constitutional values, constitutional principles. It always grows stronger and covers within its sweep the great needs of the times. This spirit can neither remain dormant nor static and can never be allowed to fossilise. "
(2.)In a murderous assault, one member of Tripura Legislative Assembly and one of his associates were killed, and four others had suffered simple/grievous injuries on their persons. Altogether, initially twenty five persons were tried by Additional Sessions Judge, West Tripura, Agartala (Court No.2) for various offences. The trial was concluded with judgement and order of acquittal for five of them and conviction and sentence of the other twelve, recorded under Sections 147/148/120B/326/307 and 302 read with Section 149 of IPC and Section 3 of the Explosive Substances Act read with Section 149 of IPC. It is to be mentioned here, in the meanwhile, seven accused persons died and one is still absconding. The incident occurred on 07.04.1983 in between 10.45/11.00 hrs. and the trial was completed with the judgment dated 29.04.2016 and 30.04.2016 respectively as aforesaid.
(3.)Twelve convicts, namely Shri Sasthi Chakraborty, Shri Kajal Roy @ Kajal Kumar Roy @ Kajal Sutradhar, Shri Abhoy Kanta Bhushan @ Abhoy Bhushan, Shri Uttam Saha, Shri Sukhendu Das, Shri Babul Das, Shri Chinmoy Ghosh, Shri Hiranmoy Ghosh, Shri Mrinal Sengupta, Shri Pradul Sengupta, Shri Sajal Sarkar and Shri Bijoy Kumar Das have filed a joint appeal registered as Criminal Appeal (J) No.35 of 2016, titled as Sasti Chakraborty and Ors. v. State of Tripura.