Guwahati Court Imposes Legal Restraint on Congress Leaders in High-Profile Defamation Case
A court in Guwahati has taken decisive legal action by issuing an "ad-interim prohibitory injunction" against three prominent Congress leaders. The order restrains Gaurav Gogoi, Bhupesh Baghel, and Jitendra Singh Alwar from making any further "defamatory statements" targeting Assam Chief Minister Himanta Biswa Sarma. This injunction will remain in effect until the defendants appear before the court on March 9.
Court Cites Risk to Justice and CM's Reputation
Civil Judge (Senior Division) No. 1 of Kamrup (Metro) district, Nayanjyoti Sarma, delivered the ruling on Wednesday after hearing arguments from the petitioner's counsel. The judge explicitly ordered Gogoi, Baghel, and Singh to cease "making, publishing, circulating or disseminating any further defamatory statements or materials concerning the petitioner" until their court appearance.
In his detailed order, Judge Sarma emphasized that failing to grant this injunction would "defeat the justice" and could lead to a "multiplicity of proceedings." The court underscored the Chief Minister's elevated societal status, noting that his reputation has been significantly damaged by the alleged defamatory publications. The judge stated that Sarma has endured mental suffering due to these statements, which were made "without any authentic documents or subsistence proof."
Prima Facie Case Established in Favor of Chief Minister
The court meticulously reviewed the submitted documents alongside the plaint, concluding that a prima facie case has been established in favor of Chief Minister Himanta Biswa Sarma. This legal determination paves the way for the defamation case to proceed, with the defendants required to present themselves before the court on the specified date in March.
Judge Sarma's order highlighted that the materials on record clearly demonstrate the CM's high standing in society and the tangible harm inflicted upon his reputation. The court's intervention aims to prevent further dissemination of potentially damaging statements while the legal process unfolds.
Advocate General Counters Allegations with Official Records
Meanwhile, Assam Advocate General Devajit Saikia addressed a press conference on Thursday, providing a robust defense of Chief Minister Sarma's financial transparency. Saikia revealed that the CM's counsel presented compelling evidence during the proceedings.
Key points from Saikia's statements include:
- All properties and assets belonging to Himanta Biswa Sarma and his family have been meticulously documented in election affidavits filed since 2001.
- In accordance with state government regulations, all ministers—including the Chief Minister—along with senior government officials must declare their assets annually. Sarma has consistently complied with this requirement.
- The Chief Minister has been a regular income tax assessee for over three decades, with all wealth, properties, and assets accurately reflected in Income Tax filings, society registers, Assam government records, and election affidavits.
Saikia firmly rebutted the Congress party's allegations, describing them as "false, imaginary, and intended to mislead the people of the state." He further noted that Sarma was unanimously elected as the party leader by his MLAs in 2021, reinforcing his legitimacy and standing within the political framework.
This legal development marks a significant escalation in the ongoing political tensions between the ruling dispensation and the opposition Congress party in Assam. The court's injunction underscores the seriousness with which defamation claims involving high-profile public figures are being treated, setting a precedent for future cases of similar nature. All eyes will now be on the March 9 hearing, where the defendants will have their opportunity to respond to the allegations and the court's interim restrictions.
