Gauhati High Court is not equipped for conducting inquiry into allegations: Bench

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam ruled that so far, regarding the allegations levelled by a petitioner, Pradip Baruah, in a writ petition, ‘this Court is not equipped for conducting an inquiry into allegations regarding corruption in government schemes, and the proper course of action for the petitioner is to approach the criminal court for registration of a criminal case regarding the commission of a cognizable offence’. In view of the above, the Court dismissed a writ petition as it did not find any good ground for issuing a writ of mandamus.

The writ petition, in the form of public interest litigation (13/2024), is filed by the petitioner, essentially raising the concern that there is rampant corruption in the implementation of government-funded schemes such as the Pradhan Mantri Krishak Sinchayee Yojana—Per Drop More Crop (PMKSY-PDMC).

It is the case of the petitioner that, in respect of the corruption activities in which the government officials and private entities are involved, he has already approached the Chief Minister of Assam, the Superintendent of Police, the Chief Minister’s Vigilance Cell, and the Officer-in-Charge of Mayong Police Station by submitting an application for registration of an FIR, but nothing has been done by the respondent government, and therefore, a writ be issued to the respondents to initiate proceedings against the corrupt officials as well as other persons involved in corruption in the implementation of the above-referred schemes.

“Having heard the petitioner appear in person and after going through the materials available on record, we are of the view that if the petitioner is complaining about the commission of a cognizable offence and his attempt to register an FIR with the police has not fructified, it is always open for the petitioner to file an appropriate complaint before the Judicial Magistrate concerned as per the provisions of Section 156(3) of the Cr.P.C.

“So far as regarding the allegations levelled by the petitioner in this writ petition, we are of the firm view that this Court is not equipped for conducting an inquiry into the allegations regarding corruption in government schemes, and the proper course of action for the petitioner is to approach the Criminal Court for registration of a criminal case regarding the commission of a cognizable offence,” the bench said and dismissed the writ petition.

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