GUWAHATI:
The Gauhati High Court, on June 10, quashed a criminal case filed against Assam Chief Minister Himanta Biswa Sarma in connection with a violation of the model code of conduct (MCC) during the 2019 Lok Sabha elections.
The complaint was lodged on May 14, 2019 by the additional chief electoral officer (CEO), Assam, Vivekananda Phookan, before the court of the chief judicial magistrate of Kamrup Metro as per the direction of the Election Commission of India (ECI).
The complaint against Sarma and a news channel of which, the chief minister’s wife, Riniki Bhuyan Sarma, is the chairperson-cum-managing director, was for violating the MCC during the Lok Sabha Election by telecasting a live interview at 7.55 pm on April 10, 2019, that is, within 48 hours of the first phase of polls scheduled on April 11, 2019, under Section 126(1)(b) of the RP Act.
The court of CJM, Kamrup, however. did not take cognisance on the very first day of filing of the complaint and directed the complainant to submit all the relevant documents including the electronic records of the alleged occurrence and the original complaint filed by Assam Pradesh Congress Committee (APCC) president and general secretary, fixing May 20, 2019 for submission of documents.
The court observed that the polling in the first phase of the election was scheduled at Tezpur, Kaliabor, Jorhat, Dibrugarh and only the third phase of the election was scheduled to be held in Guwahati on April 23, 2019. There was no first phase of polling in Guwahati as on April 11, 2019. It said that the prohibition imposed under Section 126 applies to the polling area during the 48 hours, ending with the hour fixed for the conclusion of the poll for any election in that area.
At the time of the news telecast in Guwahati on April 10, 2019, no polling was scheduled to take place in the city for the next 48 hours, because as per the notification, the poll was scheduled to be held on April 23, 2019.
The court stated that in view of the legal proposition discussed above, the impugned order of taking cognisance by the trial court is nothing but a mechanical one, without due application of judicial mind, which is bad in law.
“Because of the findings and discussions, and taking into consideration the uncontroverted documents produced and relied on by the petitioner, this court is of the opinion that continuation of the criminal proceeding would amount to an abuse of process of court causing injustice and quashing of the proceeding would otherwise serve the ends of justice. Resultantly, the impugned order as well as the entire proceeding about CR Case No 1843C/2019 under Section 126(1)(b) of the RoP Act pending before the court of CJM, Kamrup (M) at Guwahati is hereby quashed and set aside,” the court added.
On March 2, the Gauhati High Court stayed the fine and appearance order slapped on Himanta Biswa Sarma in the CJM court in the case.
The Kamrup Metropolitan chief judicial magistrate AK Baruah had on February 25 slapped a Rs 2,000 fine on Sarma and his wife, who is the chairperson-cum-managing director of a TV news channel, and ordered the two to appear before it on March 21.
Sarma had approached the HC on February 28 and filed a petition challenging this order and appealing to quash the complaint filed by the Assam additional chief electoral officer in May 2019.