Secret Killings case: Gauhati HC upholds clean chit to former CM Prafulla Mahanta

Guwahati (Assam) [India], June 14 : The Gauhati High Court has upheld the judgment passed by its single bench in 2018 that gave a clean chit to former Assam Chief Minister Prafulla Kumar Mahanta in connection with the secret killings case.

The secret killings of the family members of the United Liberation Front of Asom (ULFA) took place in the state from 1998 to 2001 during the regime of Asom Gana Parishad (AGP) led government when Prafulla Kumar Mahanta was the CM of the state.

Journalist and Rajya Sabha MP Ajit Kumar Bhuyan and another person named Ananta Kalita had filed an Interlocutory Application before the court under Section 5 of the Limitation Act seeking condonation of delay of 531 days occasioned in the filing of the connected writ appeal which is directed against the judgment and final order dated September 3, 2018, passed by the learned Single Bench.

In its order, the court said that "We are of the view that the application for condonation of delay is not based on bonafide assertions and grounds and hence, the same does not merit acceptance. As a consequence, the I.A.(Civil) No.1778/2021 is dismissed as being devoid of merit."

It noted that it is apparent that not only have the applicants failed to convincingly explain the gross delay of 531 days in filing of the appeal but they have also made inconsistent and contradictory pleadings in the three affidavits.

"It may further be noted that the applicants, directly approached the Supreme Court for assailing the order dated September 3, 2018, rendered by the learned Single Bench. The said Special Leave Petition (SLP) was withdrawn on December 18, 2020, with the liberty to file a writ appeal before the High Court but while doing so, no prayer was made on behalf of the applicants to seek any leniency on condonation of delay in filing the writ appeal in this Court," the order stated.

The Court further wrapped up the petitioners calling it seemingly "sponsored" by Ajit Kumar Kumar Bhuyan and called the plea put forth by the applicants "false and unacceptable".

"We may note that from the pleadings of the application, it is crystal clear that the litigation seems to be sponsored by applicant No. 2 who is a well-known journalist of yesteryears and presently is a serving Rajya Sabha Member. Copies of the newspaper reports which have been annexed with the affidavits of respondent No. 1 make it clear that the information regarding the judgment dated September 3, 2018, rendered by the learned Single Bench was published extensively and the publications continued over a prolonged period. Thus, the plea put forth by the applicants regarding their not being aware of the impugned order is absolutely false and thus, unacceptable," the order stated.

The Court added, "That apart, in the rejoinder affidavit filed on behalf of the applicants on June 3, 2022, it has been clearly stated that applicant No.2 became aware of the judgment dated September 3, 2018, in December 2018. Thus, this assertion in the affidavit is in complete divergence with the averment made in the original application dated April 8, 2021, wherein it has been claimed that the applicants were not made parties to the proceedings before the Single Bench and thus, they were unaware of the proceedings of the writ petition or its result".

The Gauhati Court also said that, as the prayer for condonation of delay has been refused, the connected writ appeal which is yet to be numbered, would fail automatically.

Prafulla Kumar Mahanta is a two-time former Chief Minister of Assam.

In 2005, the Congress-led government set up the Justice (Retd.) KN Saikia Commission to enquire into the killings and the Commission submitted its report in four volumes and it was placed before the Assam Legislative Assembly on November 15, 2007, along with the report of the Justice (Retd.) J N Sarma Commission of Inquiry.

In 2018, the High Court quashed the constitution of the Commission.