SC stays Gauhati HC order granting relief from arrest of absconder in 'cash for jobs' scam
Jan 12, 2022
New Delhi [India], January 12 : The Supreme Court on Wednesday stayed Gauhati High Court order which had granted relief from arrest to an absconding accused, who allegedly acted as a tout and collected money in the infamous Assam Public Service Commission "cash for jobs" scam.
A three-judge bench headed by the Chief Justice of India stayed the operation of Gauhati High Court order dated July 7, 2021 and also issued notice on the petition.
Challenging the High Court order and appearing for the Assam Government, Senior Additional Advocate General (AAG) Nalin Kohli argued that it is settled law that the High Courts as a matter of practice do not grant the relief of anticipatory bail to an absconding accused while exercising their inherent jurisdiction under Section 482 of the CrPC.
There was also an apprehension that other absconding accused may seek to rely on the impugned High Court judgement and seek similar relief. The AoR and Standing Counsel of the State Shuvodeep Roy and Advocate Ankit Roy assisted Kohli in the matter.
