Gauhati High Court
Dulal Bora vs The State Of Assam And 8 Ors on 25 February, 2020
Author: Ajai Lamba
Bench: Ajai Lamba, Soumitra Saikia
Page No.# 1/10
GAHC010105582019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL 29/2019
1:DULAL BORA
S/O. LT. DEBEN BORA, R/O. HOUSE NO.118, RAJIB GANDHI PATH,
KHANAPARA TINIALI, DIST. KAMRUP (M), GUWAHATI.
VERSUS
1:THE STATE OF ASSAM AND 8 ORS.
TO BE REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI-06.
2:PRINCIPAL SECRETARY
HOME AND POLITICAL DEPTT. TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
3:CHIEF SECRETARY
TO THE GOVT. OF ASSAM
ASSAM SACHIVALAYA
DISPUR
GUWAHATI-06.
4:COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
LAW AND JUSTICE
DISPUR
GUWAHATI-06.
5:ADDL. SECRETARY
TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
DISPUR
Page No.# 2/10
GUWAHATI-06.
6:THE DIRECTOR GENERAL OF ASSAM POLICE
ASSAM POLICE HEAD QUARTERS
ASSAM POLICE
ULLUBARI
GUWAHATI.
7:THE ADDL. DIRECTOR GENERAL OF VIGILANCE AND ANTI
CORRUPTION
SRIMANTA PUR
RUP NAGAR
GUWAHATI-32.
8:VINOD KUMAR PIPERSENIA
IAS
CHAIRMAN
APDCL
BIJULEE BHAWAN
PALTAN BAZAAR
GUWAHATI-08.
9:THE CENTRAL BUREAU OF INVESTIGATION
REP. BY SUPERINTENDENT OF POLICE
SPECIAL INVESTIGATION TEAM (SIT)
CBI
CGO COMPLEX
SECTOR-III
KOLKATA
WEST BENGAL
Counsel for the Petitioner(s) : Mr. A. Bhattacharya, Advocate.
Counsel for the Respondent(s) : Mr. S. C. Keyal, Asstt. Solicitor General of India
Mr. D. Saikia, Senior Advocate assisted by Mr. P. Nayak, Advocate.
Page No.# 3/10 BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON'BLE MR. JUSTICE SOUMITRA SAIKIA 25.02.2020:
(Ajai Lamba, CJ)
1. This petition in purported public interest has been filed at the instance of Sri Dulal Bora with the plea that he engages himself in fight against corruption and in order to extract information about corrupt practices by individuals, including government officials, asserts his right under the Right to Information Act, 2005. By the said means, the petitioner has come to know that senior officials of Assam Police have been involved in Saradha Scam, however, are not being proceeded against.
2. Mr. D. Saikia, learned Senior Advocate for the State contends that Saradha Scam is being investigated by CBI. Role of the police officials mentioned in the petition has already been examined by the investigating agency.
3. Mr. Saikia has very ably asserted that additional affidavit of Sri Diganta Das, sworn on 11.02.2020, has been filed along with supporting documents, which may be referred to.
4. We have referred to the additional affidavit of Sri Diganta Das posted as Deputy Secretary to the Government of Assam, Home & Political Department. Contents of para 3 thereof are required to be extracted for exact reference.
Pare 3 of the additional affidavit reads as under:
"3. That, on 04-02-2020 when the hearing of the instant PIL was going on, on being stated before the Hon'ble Court that being involved in a criminal case of blackmailing, on the basis of information taken under Right to Information Act, the petitioner is behind the bars, the Hon'ble Court directed to produce the relevant FIRs, etc., fixing 05-02-2020 as the next date of the case.
Accordingly, 7 (seven) copies of First Information Reports (FIR) in which petitioner is involved as an accused, was placed before the Court, on the next date of hearing of the case, i.e. on 05-02-2020. On perusal of such copies of Page No.# 4/10 FIRs, the Hon'ble Court by passing the order dated 05-02-2020 directed the State respondents to forward the copies of cases in which the petitioner is involved as an accused, also, granting liberty to furnish further documents in the same context, by way of filing an affidavit.
In pursuance of the Hon'ble Court's order dated 05-02-2020, by filing the instant additional affidavit, the deponent begs to bring the following facts, along with copies of relevant documents, for perusal of the Hon'ble Court and to fortify the submission of the State respondents that it is infact not in the interest of justice to entertain a Public Interest Litigation, brought by a person like the present petitioner, who is an accused of extortion and blackmailing.
CASES RECENTLY REGISTERED AGAINST SRI DULAL BORA (i). CID PS Case no. 27/2019, U/S 120B/500/506/387 IPC
One Sri Rabin Kr. Baishya, S/o Late Pratap Ch. Baishya, filed an FIR before the CID Police Station at Guwahati, on 05-11-2019, (Being FIR No. 27, dated 05-11-2019) complaining that Sri Dulal Bora, S/o Deben Borah, - who has filed one false criminal case at Hatigaon P.S., Guwahati, against the wife of Sri Rabin Kr. Baishya in the year 2016 alleging anomalies in purchase of a plot of land vide sale deed No.10275, dated 31-08-2009, - is demanding an amount of Rs. 10,00,000/- (Ten lakhs) from the informant, by engaging some persons for withdrawal of the said case, or else he would file more criminal cases against him and his wife and damage his reputation. It was also alleged in the said FIR dated 05-11-2019 that Sri Dulal Bora had also filed several cases against him and his wife at different Police Stations of Guwahati and made them soft target to extort money by way of blackmailing and abusing the process of law.
The case was registered as CID P.S. Case No. 27/2019, U/S 120 B, 500, 506, 387 IPC. Accused Sri Dulal Bora was shown arrested in connection with Page No.# 5/10 the case on 09-01-2020 and on the basis of revelation of accused Sri Dulal Bora, one Sri Iqbal Anwar, Deputy Forest ranger, was arrested on 13-01-2020. Another accused Bhaskar Kr. Borah was arrested on 22-01-2020. The case is presently pending for collection evidences and arrest of associates of accused Sri Dulal Bora, who are involved in running of illegal racket of extortion.
(ii). Hatigaon P.S. Case No. 905/2019 U/S 384/385/389/511 IPC On 04-12-2019 complainant Md. Nayeem Uddin Ahmed, S/o Lt. Abdul Quayum, MVI, in the O/o the DTO, Kamrup, lodged an FIR before the O/C Hatigaon P.S., inter-alia, stating that in the last part of September, 2019 at about 9:30 A.M. he received a missed call from the mobile number 9101369835 to his mobile number 9435049485, while he was in his house located at Lakhmi Nagar, Hatigaon. It was stated in the FIR that on the next day at around 6:00 P.M, while the complainant called back the person having mobile number 9101369835, the other person identified himself as Sri Dulal Bora and he, accordingly, asked the complainant to go to his house located at Kainadhara, Khanapara, Guwahati. It was stated that the complainant was accompanied by one MVI Sri Rafikul Islam to the house of Sri Dulal Bora in the month of September, 2019. It was stated that Sri Dulal Bora demanded from the complainant an amount of Rs.5,00,000/- (Five Lakhs) pointing that complainant, as MVI, had illegally issued a fitness certificate for a vehicle that was already under seize. Sri Dulal Bora also threatened the complainant that if the complainant does not pay the demanded amount, then he will harass him by filing RTI applications.
The case is pending for further investigation.
(iii). Basistha P.S. Case No. 2116/19 U/S 120B/420/465/467/468/475 IPC Sri Binoy Kr. Roy, SI of Police, Hatigaon P.S., lodged one FIR at Basistha P.S. of Page No.# 6/10 Guwahati on 13-12-2019, complaining that while he was searching the house of Sri Dulal Bora at Koinadhara, under Basistha P.S., in connection with Hatigaon P.S. case No. 905 of 2019, he recovered 13 numbers of rubber seal/stamps from the possession of Sri Dulal Bora. Out of the 13 numbers of rubber seal/stamps, 10 numbers were in the name of Headmasters/Principals/Secretaries of various Schools and educational institutions, made and kept by accused Sri Dulal Bora.
During the search, 3 (three) Voter ID Cards were also found all in the name of Sri Dulal Bora, but with different Father's names and address.
The case was registered as Basistha P.S. Case No. 2116/2019, U/S 120 B, 420, 465, 467, 468, 475 IPC. Accused Sri Dulal Bora was arrested in the said case and remanded in Police Custody for 3 (three) days.
Authenticity verification Report of the 3 (three) Voter ID Cards found in the possession of Sri Dulal Bora was sought from the Election Commission, is awaited.
The case is pending for further investigation.
(iv). Basistha PS Case No. 2154/2019, U/S 387/506 IPC On 20-12-2019 one Sri Puln Ch. Teron, S/o Lt Chana Ram Teron, of Pamahi, under Gorchuk P.S., lodged a FIR stating that Sri Dulal Bora had threatened him to hamper his service career if information about superior Police Officers was not provided to him.
A case was registered as Gorchuk P.S. Case No. 2154/2019, U/S 337, 506 IPC.
During investigation I/O submitted prayer for issuing production warrant and for showing accused Dulal Bora arrested to the Hon'ble JMFC Kamrup(M), Page No.# 7/10 Guwahati Court on 26-12-2019. But the Hon'ble Court allowed him to go on bail of Rs. 10,000/- after finding that the alleged offence under Section 506 IPC is bailable in nature as the I/O did not disclose any ingredients for offence U/S 387 IPC, because there was no allegation of demanding any property or valuable security as per case record and case dairy.
(v). Basistha PS Case No. 13/2020 U/S 120(B)/386/387/468/471/506 IPC On 02-01-2020 one Md. Iftikar Alam, S/o Islam Uddin Laskar, R/o Housefed Complex, Bhangagarh, lodged one FIR at Basistha Police Station stating, inter-alia, that the so called RTI activist Dulal Bora called his father through the mobile phone of one Mr. Bhigendra Nath Nabis to visit him at the earliest, otherwise he would have to face serious consequences. Since his father was suffering from high blood pressure and other ailments, the informant along with his mother went to meet Sri Dulal Bora at his residence located at Kainadhara Tiniali, Khanapara, Guwahati and had a talk with him to know the reason as to why he called his father. It is stated in the FIR that the informant had recorded and video graphed the conversation inside the office room of accused Sri Dulal Bora in presence of Sri Bhigendra Nath Nabis and his mother. During conversation Sri Dulal Bora threatened the informant that his father Islam Uddin Laskar will be in jail very soon, alleging that his father committed irregularities misusing his official power. Sri Dulal Bora initially demanded Rs. 3,00,000/- (Three Lakhs), but finally came down to Rs. 2,30,000/- (Two Lakhs Thirty Thousand), in installments, to avoid consequences and threatening, the informant also agreed to pay the same. Subsequently the informant paid an amount in cash and handed over one cheque of Rs. 1,30,000/- in favour of D.B.P. Associates owned by the accused Sri Dulal Bora. Later, the informant paid the rest of the amount in cash in two installments but accused did not return the cheque on various pretexts. In this way, the accused Sri Dulal Bora extorted the amount in an organised way.
The case registered as Basistha PS Case No. 13/2020, U/S Page No.# 8/10 120(B)/386/387/468/471/506 IPC.
The investigation of the case is pending for expert opinion from CFSL and other follow up action including arrest of the FIR named accused Sri. Dulal Bora and his associates.
(vi). Diphu PS Case No. 327/2019 u/s 120B/387/506 IPC Added Sec. 379 IPC On 25-12-2019, the complainant Sri Joybinon Longmailai, S/o T.N Longmailai, Addl. Chief Engineer, Zone IV, Irrigation, Diphu, lodged an FIR stating that the accused Sri Dulal Bora and others, through conspiracy, obtained officials documents, i.e two work orders of the department and used those documents to blackmail, threaten and extort money from the officers of the Irrigation department, Karbi Anglong Division, Diphu.
The case was registered as Diphu PS Case No. 327/2019 u/s 120B/387/506 IPC, Added Sec. 379 IPC The I/O submitted prayer to the Hon'ble court for Production Warrant of the accused as he was lodged in Central Jail, Guwahati. Based on permission granted by the Hon'ble Court, Dulal Bora was arrested and was taken for 2 days police remand where he was thoroughly interrogated. The investigation of the case is almost complete and the case is now pending for examination and recording the statement of Sri Nikonjay Das, the then Asstt. Engineer, Irrigation Department, Diphu, from whom the accused had demanded money, is yet to be examined.
(vii). Kokrajhar P.S. Case No. 624/2019 U/S 120(B)/211/384/420/468/471/499/500/ 506 IPC One Sri Rajkumar Prithibi Raj Narayan Deb Mech, S/o Sri Pradip Narayan Deb Mech, Director, North-East Heritage Foundation, Kokrajhar Town, Ward No. 8, filed a complaint (being Complaint Case No. 989/2019) before the Chief Judicial Page No.# 9/10 magistrate, Kokrajhar (BTAD), alleging that Sri Dulal Bora, S/o Deban Bora, resident of Rajiv Gandhi path, House No. 118, Khanapara, Guwahati, possesses assets/properties disproportionate to his genuine sources of income. In the complaint, it was further alleged that Sri Dulal Bora had committed criminal offences like cheating, black mailing, extortion, forgery, defamation, by giving false information/records against the public authorities/officers. It was also alleged in the FIR that the accused Sri Dulal Bora interfered with public authorities/officers in performing their lawful duties/responsibilities.
The complaint was forwarded to the OC, Kokrajhar P.S., for registering a case U/S 120 B, 211, 384, 420, 468, 471, 499, 500, 506 of IPC, and to submit F.F, after investigation. Accordingly, a case was registered at Kokrajhar P.S. on 19-12-2019 being Kokrajhar P.S. case No. 624/2019.
During investigation the accused Sri Dulal Bora was shown arrested on 28-12-2019 and the case is pending for further investigation."
5. The Court has been informed by learned counsel for the petitioner that presently the petitioner is in custody in connection with GR Case No.2271/2020, FIR No.279 dated 13.02.2020, under Sections 420/465/468/471/ of the IPC, Police Station Basistha, Kamrup (M) (not referred in the affidavit). We have referred to the contents of the FIR. In the FIR there is an accusation that the petitioner obtained duplicate Mark Sheet for his 1 st and 3rd Semester (M.A.) of Philosophy. The Mark Sheet in possession of the petitioner was found to have been forged.
6. Xerox copy of the document, viz. FIR No.279 dated 13.02.2020 (supra) furnished in Court, is taken on record.
7. We have gone through contents of various FIRs/criminal cases/criminal proceedings initiated against Sri Dulal Bora, which are 8 in number. The accusations made in the criminal proceedings include accusations of extortion. Accusations of very serious nature have been made which prima-facie indicate that the petitioner allegedly with criminal intent made attempts to extort money on the basis of information gained by him from various sources. The nature of accusations leave us in no doubt that the petitioner has been taking undue advantage of provisions of the Right to Information Act, 2005, or information derived from Page No.# 10/10 other sources so as to blackmail the victims. In such circumstances, this Court of equity finds no reason to show indulgence in the petition filed at the instance of the petitioner.
8. Dismissed.
9. The original files received in the course of proceedings are hereby returned to Mr. D. Saikia, learned Senior Advocate for the State in sealed cover.
JUDGE CHIEF JUSTICE Comparing Assistant