Death of A Judge

Justice Anup Deb: Did he commit suicide or was he murdered?

Justice Anup Deb

   More than a decade after his sudden demise the mystery of Justice Anup Deb’s death refuses to fade away, at least among those who were close to him.

   He was a Judge and I a journalist but what bound us together for more than two decades was our friendship nurtured down the years through turbulent times. When I got a call from someone early morning on March 14, 2002 I rushed to Justice Debs’ official residence at Balwuakhani in Gangtok only to find out that he was no more. The official version of Justice Deb’s death was that he hung himself in his official residence in the night of March 13.     

   Justice Deb was a strong and determined person and those, like myself, who knew him from close range found it very difficult to believe that he had committed suicide.

   “Unable to bear his prolonged illness, sitting High Court Judge Justice Anup Deb committed suicide,” a national daily reported. It added “…an ailing Justice Deb (59) hanged himself in the bedroom of his official residence here shortly after midnight leaving a suicide note stating "I cannot bear my illness anymore."

   However, Deb’s personal physician Dr. K. Bhandari of Sir Thutob Namgyal Memorial Hospital (STNM) said he was not suffering from any terminal or serious diseases. It is the first time in India’s history that a sitting Judge commits suicide, reported Sikkim Express.

   My own English weekly, Sikkim Observer, which many times reported on Justice Deb’s pronouncements in the court, was out of print during this period and failed to carry anything on his death. I hope this piece will to some extent do justice to the departed soul and compensate for my failure to carry anything on circumstances surrounding his tragic death which still remain shrouded in mystery.

    Deb was elevated to the rank of a Judge of the Sikkim High Court from the State Advocate General's post in 1994. He was transferred to the Agartala bench of the Gauhati High Court in February 1995 and then moved to the Orissa High Court in March 1996 before returning to Sikkim High Court in December 1997. During his tenure in the Sikkim High Court he also held the post of Acting Chief Justice for some time.

   “Don’t meditate too much. Look after your family,” were his last words to me and my wife when we went to see him and his wife at his Gangtok residence. He was in a good mood and we had a good time. That was, I think, the last time we met. Most of the time Justice Deb lived alone in his residence while his wife and children resided in neighbouring Siliguri, his home town.

    Since the Chamling Government slapped two cases on me regarding my press and residence in early 2001 and since Justice Deb was hearing these cases I made it a point not to be around him. But by early 2002 I learnt that he was not his normal self. During this period he once told me that he had information from the Union Home Ministry that his life was in danger. He used to often seek divinations for even traveling to Siliguri and Delhi. Lots of pujas were also performed for his safety and security. At times he was quite paranoid about his personal safety. “Some people think I’m running a parallel government!,” Deb used to tell me at times and then burst into laughter. Indeed, some of his observations and verdicts in the court made the administration sit up and take note.

   Realising that he was not keeping well I made it a point to see him and personally find out what was troubling him. I had some paper works to do at the High Court on March 13 which took some time. It was then I decided to go and see him in his office at the High Court premises. He was not there and I was told he was with Chief Justice R. Dayal in his office. I waited for sometime and left a word in his office that I had come to see him.

    I was expecting a call from him in the afternoon or evening of the same day.  Justice Deb usually calls me to his residence whenever I wanted to see him or the vice-versa. We normally chat over a cup of tea and snacks prepared by his cook. But this time there was no calls from him and early the next day I get a call saying he is no more.

    My first encounter with Justice Deb was way back in the winter of 1983. I was just fresh out of college and into journalism. What brought us together was a writ petition filed in the Supreme Court on seats reserved for Sikkim’s indigenous Bhutia-Lepchas (BLs) in the Sikkim Legislative Assembly by Ram Chandra Poudyal, then perhaps the most popular and articulate leader of the Nepalese community in Sikkim.

   In his writ petition, Poudyal, a former minister in the Kazi Cabinet (1974-1979), sought to do away with 12 Assembly seats reserved for the Bhutia-Lepchas and 1 for the Sangha, representing Buddhist monasteries in Sikkim. Deb, who was then the Additional Advocate General of Sikkim, sought my help to defend the case on historical ground. He said we would lose the case if we depended solely on legal and constitutional grounds. I took leave from Eastern Express, where I was working, and prepared the papers to defend the 13 reserved seats of the BLs and Sangha in the Supreme Court.

   When the case came up for hearing in early 1984 before the Supreme Court Poudyal was asked to “withdraw” his petition. The five-judge constitution bench headed by Supreme Court Chief Justice, Justice YB Chandrachud, which took note of the historical background on Assembly seat reservation for the minority indigenous communities in Sikkim, was in our favour. However, Poudyal tactfully delayed hearing of the petition for several years and when it did come up for hearing in early 1993 we won the case.

   “The inequalities in representation in the present case are an inheritance and compulsion from the past. Historical considerations have justified a differential treatment,” read the verdict of the apex court. These were the same observations made by the apex court in February 1984.  If Justice Deb had not advised us to depend on our history to defend our case we may have lost our battle in the apex court and that would have been disastrous for Sikkim.

   When we finally won the case in 1993 it was my privilege to have Justice Deb, Sonam P. Wangdi, now Judge of Sikkim High Court, then a Sikkimese lawyer who was once Deb’s junior, and my friend Chewang Tobgay, who represented Sikkim Tribal Welfare Association (STWA) in the case as an intervening party, at my residence at Deorali for lunch. It was time to celebrate for our victory. Former Home Secretary, Late Jigdal T. Densapa, who was a part of our team representing the State Government, was the only person missing from the table.

   I was the last person to place a khada on Deb when his body was placed in the crematorium on the banks of Mahananda River in Siliguri during the funeral. I vividly recollect what came to my mind when I first passed the Mahananda bridge, located near the cremation place, after Deb’s death.  As I looked over the bridge across to where the last remains of Justice Deb’s body were turned into ashes and then immersed into the river these words from the man whom I loved and respected flashed through my head: “Don’t look back. Look forward. I did my job. Now you do yours.” Was he referring to the Assembly seat issue? I often wonder about this but have no answers. However, I know that our mission on Assembly seat issue for both the Bhutia-Lepchas and Sikkimese Nepalese is still unfinished. Whenever I pass through that bridge I look over to the same spot and whisper some prayers for the one who is now no more but who still lives in my memory.

   Did Deb really commit suicide or did someone hang him? During the tragic incident, Deb’s younger brother, Goutam Deb, now Chief Minister Mamata Banerjee’s troubleshooter in Darjeeling and also North Bengal Development Minister, was heard uttering these words in front of Justice Dayal and other officials: “Cold blooded murder.”    

   The Sikkim unit of the Congress party’s demand for a CBI probe into the incident went unheeded. The fact that one of Deb’s prominent friends in college was senior Congress leader Pranab Mukherjee – now India’s President – did not evoke much response from the authorities. Former Chief Minister NB Bhandari also doubted the suicide claim of the government.

   Years later, a highly-placed Sikkimese civil servant close to Deb who has now retired, told me that the former Acting Chief Justice of Sikkim High Court did not commit suicide but was forcefully hung in his toilet. To prove his point he said there was no probe into the incident and the policeman who was guarding Justice Deb’s residence during that period died mysteriously one month after the tragic incident. The constable’s wife also committed suicide shortly after her husband’s death. Reportedly, the couple hung themselves.

    No matter how Justice Deb may have met his end I strongly believe that it was the system that thrives on lies, deceit and corruption that put an abrupt end to his life.

 

(Ref: Talk Sikkim, October 2013.)