Gauhati HC quashes poll code violation case against Himanta Biswa Sarma

Justice Rumi Kumari Phookan quashed the case in a trial court relating to the alleged violation of the model code of conduct by the Assam Chief Minister during the 2019 Lok Sabha polls

The Gauhati High Court has quashed a case in a trial court relating to the alleged violation of the model code of conduct by Assam Chief Minister Himanta Biswa Sarma during the 2019 Lok Sabha polls.

A single-judge bench of Justice Rumi Kumari Phookan quashed the case and set aside all the proceedings as well as observations by the Chief Judicial Magistrate of Kamrup Metropolitan.

"In view of the legal proposition discussed above, the impugned order of taking cognizance by the learned trial court is nothing but a mechanical one, without due application of judicial mind, which is bad in law," she said in the order on June 10.

The case was filed by the Additional Chief Electoral Officer in May 2019 against Mr. Sarma, who was a minister in the then Chief Minister Sarbananda Sonowal's government, and News Live TV channel for allegedly violating the model code of conduct during the Lok Sabha polls.

The Chief Judicial Magistrate of Kamrup Metropolitan, AK Baruah, on February 25 had imposed a fine of ₹2,000 on Mr. Sarma and his wife Riniki Bhuyan Sarma, who is the chairman-cum-managing director of News Live channel, and ordered the duo to appear before the court on March 21.

Challenging this order and appealing to quash the case, Mr. Sarma approached the high court on February 28 and filed a criminal petition.

Justice Phookan said, "The Magistrate has totally failed to discharge its judicial discretion while conducting a proceeding. The conduct of a judicial officer must be above the personal whims and traits and every order should be founded on cogent and reasonable grounds, which is not reflected in the present case.