Gauhati HC pulls up Assam Police for arrest despite stay in Silsako case

Guwahati, Jun 2: The Gauhati High Court has pulled up Assam Police for arresting an accused in the Silsako encroachment of 2023 despite a prior court order staying the investigation.

The Court deemed the arrest of Kishor Das, one of the accused, as ‘bad in law’.

The case originated In March, 2023, when Manali Das, secretary, Guwahati Metropolitan Development Authority (GMDA) filed three FIRs with Satgaon, Noonmati and Dispur police stations alleging that there had been unauthorized encroachment and settlement over the Silsako Beel, a wetland crucial for rainwater retention and urban flood mitigation.

The GMDA reportedly found that Nripen Khaklari, Paresh Kumar Das, Sankar Doimari, Sangram Khaklari, Tarumia, Tomizur Rahman, Maklesh Ali, Pradip Pegu, Rajkumar, Anup Pegu and several other persons allegedly induced the transfer of land in and around the wetland and accordingly three cases were registered.

Subsequently, advocate Bijon Kumar Mahajan, representing Paresh Kumar Das, moved a criminal petition in the High Court seeking to quash the FIR registered at Dispur police station. Acknowledging that the FIR with the Dispur police station is a subsequent case with similar allegations, the Court stayed the investigation while allowing the police to proceed with the first FIR filed at Satgaon police station.

Police, however, subsequently arrested one Kishor Das on the strength of the same case registered under Dispur police station.

Mahajan, while moving the bail application of Das, submitted that his client was wrongfully arrested despite the legal restraint.

“…His arrest was made after passing of the said order by this Court. The Court is of the opinion that the arrest of the present petitioner is bad in law,” the Court stated in its ruling.

Accordingly, the Court ordered that the petitioner be released on bail against a bail bond of Rs 25,000 with a surety of the like amount.