Gauhati HC stays fine, order for appearance issued against Assam CM Himanta Biswa Sarma
Mar 03, 2022
Guwahati (Assam) [India], March 3 : The Gauhati High Court on Wednesday stayed the fine and appearance order imposed on Assam Chief Minister Himanta Biswa Sarma by a lower court in a case related to alleged violation of the model code of conduct during the 2019 Lok Sabha poll. The High Court observed that trial court has overstepped in the side of the complainant, which is not healthy for a court of law.
The Chief Judicial Magistrate, Kamrup (Metropolitan) on February 25 imposed a fine of Rs 2,000 against CM Sarma while allowing the petition filed by his counsel and granted three weeks' time for their appearance, with a further direction that they have to appear before the Court on March 21.
Himanta Biswa Sarma had approached the Gauhati High Court and filed a petition challenging the order passed by the Chief Judicial Magistrate, Kamrup (Metropolitan).
In the first hearing of the petition on Wednesday, Justice Rumi Kumari Phukan stayed the entire proceedings pertaining to the case at the CJM court.
"Considering entirety of the matter, the impugned order(s) so passed by the Court and the entire proceeding pertaining to CR Case No. 1843c/2019, is hereby stayed, till the returnable date," said in the order passed by Justice Rumi Kumari Phukan.
"......it appears that in the last order dated 25.2.2022, while the Court accepted the cause of absence of the complainant, who was stated to be busy in election duty, but refused to accept the ground that was given on behalf of the accused petitioner, who was busy with the Hon'ble President of India. Perhaps, this aspect was known to all the citizens of Assam that on the very day, the Hon'ble President of India was in Assam for three days tour and the petitioner being the Chief Minister of Assam, was present with the Hon'ble President of India, and his absence before the Court cannot be viewed with serious complicity and particularly, a petition was also moved on behalf of the petitioner, assigning reasons. In that view of the matter, imposition of cost appears to be not on lawful consideration," stated the Gauhati High Court order.
