The Gauhati High Court has upheld its previous decision ruled on September 3, 2018, clearing former Assam chief minister Prafulla Kumar Mahanta...
Digital Desk: In a significant development, the Gauhati High Court has upheld its previous decision ruled on September 3, 2018, clearing former Assam chief minister Prafulla Kumar Mahanta of all allegations relating to Assam's secret killings.
The high court stated that the claims were part of a conspiracy by various politicians and political groups to malign Mahanta and destroy his public image.
Ajit Bhuvan and Ananta Kalita filed an interlocutory application under Section 5 of the Limitation Act, seeking that the 531-day delay in filing the associated writ appeal against the verdict and final order issued by the Single Bench at the Gauhati High Court on September 3, 2018, be excused.
The appeal sought to call into question the constitutionality and validity of the Justice (Retd.) KN Saikia Commission of Inquiry's constitution, which was constituted to investigate the secret killings.
The affidavit-in-opposition was filed by Prafulla Kumar Mahanta, who argued against the petitioners' claim that they were unaware of the events. He said that the judgment had received extensive coverage in both local and national print and electronic media.
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Mahanta provided copies of media articles as proof that the ruling was widely publicized. After considering the arguments from both parties, the court determined that the evidence clearly showed that the applicants were aware of the September 2018 judgment.
The court noted that the three documents submitted by the applicants expressed varied and conflicting things, which harmed their arguments. The court then made it clear that the basis for allowing a delay must be thoroughly and explicitly explained, and each day of delay must be addressed in a logical manner.
In this matter, the applicants did not provide a compelling justification for the 531-day wait. When the applicants first reached the Supreme Court, they did not seek leniency or pardon for being late. The court denied the motion for leniency since there were no compelling reasons for the delay.
As a result, the related writ appeal, which had not yet been assigned a number, failed right away. As a result of the current judgment by the Gauhati High Court, former chief minister Prafulla Kumar Mahanta may no longer be held responsible for any secret killings.
The Assam secret killings (1998–2001) were a series of assassinations in which relatives, friends, and supporters of ULFA insurgents were systematically killed by unknown perpetrators. These extrajudicial killings occurred in Assam between 1998 and 2001.
A series of assassinations targeting ULFA leaders' families occurred during the tenure of Asom Gana Parishad (AGP) leader Prafulla Kumar Mahanta. Unidentified gunmen committed these murders. However, when the AGP government collapsed following the 2001 elections, the secret killings came to an end.
In August 2005, Chief Minister Tarun Gogoi constituted the Justice KN Saikin Commission of Inquiry to probe these secret killings. The commission filed its findings in sections, and the action taken report was provided on October 15, 2007.
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