Latest news with #GauhatiHighCourt
Indian Express
12 hours ago
- Politics
- Indian Express
In Gauhati HC, challenge to Assam's ‘pushback' into Bangladesh: ‘Nothing in law ratifies this action'
The All BTC Minority Students Union has moved the Gauhati High Court with a petition against the Assam government's actions of 'pushing back' alleged foreigners into Bangladesh after the Supreme Court refused to entertain their plea and asked them to approach the high court. In a hearing held Friday at the Gauhati High Court, a Bench of Justices Manish Choudhury and Mitali Thakuria directed the counsels for the petitioners to identify specific individuals affected by the state government's actions. 'Mr. [A.R.] Bhuyan, learned counsel appearing for the petitioner has submitted that he has received the detailed particulars of persons who have been picked up and who have been subjected to the alleged Pushback Policy adopted by the State. It is his submission that they were earlier on Indian soil, but, after being picked up their whereabouts are not known,' states the order, adding that advocate Bhuyan has submitted that he will file an additional affidavit with details of the persons by July 14. Senior Advocate Sanjay Hegde, who appeared virtually for the petitioners, argued that pushbacks are being conducted by the state government without legal sanction. 'Nothing in law ratifies this action called pushbacks. Pushback is relevant only [under] certain circumstances, that is if there are some aliens coming on to the territory, and you catch them at the border and do not allow them to enter, where you have no admission policy, that is push back. But people who are already on this side of the border, who have been subject to judicial proceedings and some of whom have failed the judicial proceedings and other who are suspected to be illegal immigrants, there is no procedure under the law in which they can just be taken to the border and pushed across the border,' he argued. Assam Advocate General Devajit Saikia, appearing for the state, argued that the petition is 'vague' and questioned whether the ABMSU had legal standing to file the petition. 'Mr. Saikia, learned Advocate General, has raised an issue of maintainability of the instant PIL,' noted the court in its order. In their petition, the ABMSU have prayed for the court to declare 'the 'push-back' policy adopted by the state respondent' as 'unconstitutional' and 'illegal' and to direct the state to not deport or push back people without following 'the due process of law.'
Time of India
5 days ago
- Politics
- Time of India
Guwahati directs Assam govt to reinstate officials involved in cash for jobs scam
The Gauhati High Court directed the Assam government to reinstate 52 of the 57 dismissed civil, police and allied service officials of 2013 and 2014 batch who were involved in the cash for jobs scam in the Combined Competitive Examinations. A Division Bench, comprising Justice Kalyan Rai Surana and Justice Malashri Nandi ordered that the dismissed officials, who had completed the probation period, be reinstated within a period of 50 days. The Assam government will move the Supreme Court against a Gauhati High Court order. Corruption of APSC was an election issue in the 2016 assembly and BJP had promised to clean up the corrupt practices of the commission. The appellants had challenged the earlier judgement passed by a single judge upholding their dismissal from service. The high court also allowed the state government to not assign them any duties for the next 30 days and to conduct any departmental. Assam chief minister Himanta Biswa Sarma had termed the high court order "painful" at a time when the state government was ensuring only merit-based recruitments. Sarma said, "The judgement by the division bench on the APSC matter is painful and has led to disappointment for us". He added, "We will definitely appeal before the Supreme Court and will try at the last moment to ensure that no one who had got their job through the wrong way is reinstated," the chief minister added. The Court of Special Judge at Guwahati in July last year pronounced the verdict for convicts in the APSC cash-for-job scam where the Assam Public Service Commission 's former chairman, Rakesh Paul, has been awarded 14 years of imprisonment and a Rs. 2 lakh penalty. Also, former APSC members Basanta Kumar Doley and Samedur Rahman have been sentenced to 10-year jail terms. Furthermore, 29 candidates who paid for jobs to get Agricultural Development Officer (ADO) jobs in 2014 have been awarded 4 years of imprisonment and a fine of Rs. 10,000. 32 people, including the Assam Public Service Commission's former chairman, Rakesh Paul, two of its members, and 29 candidates were convicted by the court on July 22 last year. Paul, along with the other members and officials of the APSC, were arrested for a cash-for-jobs case related to the Combined Competitive Examinations (CCE) for the recruitment of civil, police and other service officials. Paul was arrested by Dibrugarh Police in November 2016 and released on bail in March 2023. Economic Times WhatsApp channel )
Time of India
21-06-2025
- Politics
- Time of India
Assam govt to move SC against HC order on 'scam-tainted' officers' reinstatement: CM Himanta Biswa Sarma
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel Guwahati: The Assam government will move the Supreme Court against a Gauhati High Court order, directing it to reinstate 52 officials dismissed in the cash-for-job scam in the Combined Competitive Examination (CCE) conducted by APSC, Chief Minister Himanta Biswa Sarma said on also termed the high court order "painful" at a time when the state government was ensuring only merit-based Gauhati High Court had on Friday asked the state government to reinstate 52 of the 57 dismissed civil, police and allied service officials of 2013 and 2014 batch, who were involved in the cash-for-job scam in the Combined Competitive Examination conducted by the Assam Public Service Commission (APSC).The court directed that the dismissed officials, who had completed the probation period, be reinstated within a period of 50 days while allowing the state government to not assign them any duties for the next 30 days and conduct any departmental inquiries if to reporters at Baksa on the sidelines of an International Day of Yoga event, Sarma said, "The judgement by the division bench on the APSC matter is painful and has led to disappointment for us."He maintained that the order has come at a time when only merit-based recruitments are being done in the state."I haven't seen the judgment but from what I have read in newspapers, if it is correct, it (the judgement) is unfortunate," Sarma added."We will definitely appeal before the Supreme Court and will try the last moment to ensure that no one who had got their job through the wrong way are reinstated," the chief minister APSC's cash-for-jobs scam came to light in 2016 and over 70 persons, including its former chairman Rakesh Kumar Paul and 57 civil service officials , were arrested during the course of investigation by the police.
Hindustan Times
21-06-2025
- Politics
- Hindustan Times
Assam govt to move SC against HC order on 'scam-tainted' officers' reinstatement: Himanta
Guwahati, The Assam government will move the Supreme Court against a Gauhati High Court order, directing it to reinstate 52 officials dismissed in the cash-for-job scam in the Combined Competitive Examination conducted by SC, Chief Minister Himanta Biswa Sarma said on Saturday. Assam govt to move SC against HC order on 'scam-tainted' officers' reinstatement: Himanta He also termed the high court order "painful" at a time when the state government was ensuring only merit-based recruitments. The Gauhati High Court had on Friday asked the state government to reinstate 52 of the 57 dismissed civil, police and allied service officials of 2013 and 2014 batch, who were involved in the cash-for-job scam in the Combined Competitive Examination conducted by the Assam Public Service Commission . The court directed that the dismissed officials, who had completed the probation period, be reinstated within a period of 50 days while allowing the state government to not assign them any duties for the next 30 days and conduct any departmental inquiries if required. Talking to reporters at Baksa on the sidelines of an International Day of Yoga event, Sarma said, "The judgement by the division bench on the SC matter is painful and has led to disappointment for us." He maintained that the order has come at a time when only merit-based recruitments are being done in the state. "I haven't seen the judgment but from what I have read in newspapers, if it is correct, it is unfortunate," Sarma added. "We will definitely appeal before the Supreme Court and will try the last moment to ensure that no one who had got their job through the wrong way are reinstated," the chief minister added. The SC's cash-for-jobs scam came to light in 2016 and over 70 persons, including its former chairman Rakesh Kumar Paul and 57 civil service officials, were arrested during the course of investigation by the police. This article was generated from an automated news agency feed without modifications to text.
Time of India
20-06-2025
- Politics
- Time of India
HC judge calls for deeper engagement with law
Dimapur: Justice Y Longkumer, judge of Gauhati High Court, Kohima bench, on Friday called for deeper engagement with law, greater professional development and renewed commitment to justice by the lawyers. She said the panel lawyers, who often serve as the first line of access to justice for the marginalised and under-represented, now play a unique and essential role as educators, advisors and counsellors for common citizens at a time when the Indian legal system is undergoing a pivotal transition with the introduction of new criminal laws. Longkumer was speaking at the one-day orientation programme organised by the Nagaland State Legal Services Authority on new criminal laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA) — for panel/retainer lawyers and Legal Aid Defence Counsel System lawyers in Kohima. She said the Indian criminal justice system is undergoing significant reforms with the introduction of the BNS, BNSS and BSA, replacing the IPC, CrPC and Indian Evidence Act. "These new legislative reforms are not just mere cosmetic changes but represent a new way of thinking on how the justice system is perceived, delivered and experienced by the common citizens," Longkumer said. She said the lawyers, who serve in the legal services panel, are often the first line of access to justice for the marginalised and under-represented, and their role now is more important than ever. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top Cardiologist Says This Food Can Do Wonders For Your Health Gundry MD Learn More Undo "You have to learn to adapt to changes with professionalism and as it is with any legal transition, there will be challenges and uncertainties in the interpretation," the judge said. On existing practical difficulties, Longkumer cited the existence of different interpretations and sources, questions and the practical burden of unlearning and relearning while observing that now they have to change their mindset and start to unlearn the IPC, CrPC and learn the new laws.
