Gauhati HC Upholds 5-Year-Old Order Clearing Former Assam CM From Charges Of Secret Killing Of ULFA Militants’ Relatives

The Gauhati High Court has upheld its five-year-old order that cleared former Chief Minister of Assam, Prafulla Kumar Mahanta from charges of “secret killing” of relatives of ULFA militants at the time of his tenure.

A Division Bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria said that the petitioners failed to provide substantial proof for their claim.

“In view of the order passed today in the connected I.A. (Civil) No.1778/2021, the interlocutory application stands closed”, observed the Bench

Advocate C. Gansalves appeared on behalf of the petitioners while Government Advocate appeared on behalf of the respondents.

In this case, an interlocutory application was filed by the Rajya Sabha MP Ajit Kumar Bhuyan and a survivor of an attempt of assassination, Ananta Kalita. The said applicants challenged the order passed by the court in the year 2018, whereby an inquiry commission report indicting Mahanta of "extrajudicial killings" was held to be invalid.

The High Court in the above context noted that the petitioners had filed the interlocutory application 531 days after its earlier verdict besides making 'inconsistent and contradictory pleadings in the three affidavits'.

“The application for condonation of delay is not based on bonafide assertions and grounds and hence, the same does not merit acceptance”, said the Court.

The Court also observed that the allegations leveled against the ex-CM were part of a conspiracy by some political parties and groups to malign his public image.

Accordingly, the Court dismissed the plea and upheld its order.

Cause Title- Ananta Kalita and Anr. v. Prafulla Kumar Mahanta and 8 Ors. (Neutral Citation: GAHC010072812021)

Click here to read/download the Order