The Telegraph
Thursday , March 6 , 2014

HC rejects bail pleas of top KMSS leaders

Guwahati, March 5: Gauhati High Court today rejected the anticipatory bail plea of two senior KMSS leaders who are wanted by police in the self-immolation case.

Public prosecutor Ziaul Kamar said the court had rejected the bail pleas of KMSS general secretary Kamal Medhi and joint publicity secretary Dharjya Konwar. Advocate Bijon Mahajan had moved the anticipatory bail petitions on behalf of the duo.

The single judge bench of Justice Indira Shah also called for the case diary in the self-immolation case by March 12.

The court, however, granted interim pre-arrest bail to KMSS vice-president Amar Bezbaruah till March 12, because of his father’s ill health. Bezbaruah’s father, who is suffering from a heart-related ailment, is undergoing treatment in the intensive care unit of GNRC Hospitals.

During the hearing, Mahajan said police was overzealous in registering the FIR lodged against Akhil Gogoi and his associates, while no action has been taken on the FIR lodged by the wife of Pranab Boro, who immolated himself near the secretariat on February 24, against chief minister Tarun Gogoi and revenue minister Prithibi Majhi

The public prosecutor said the contents of the FIR do not disclose commission of any cognisable offence and therefore registration of a case under Section 154 CrPC cannot be invoked in the case.

The public prosecutor said the police investigation into the FIR lodged by Boro’s wife was in progress and appropriate action would be taken based on the outcome of the probe.

Kamar submitted in court that since no lighter or matchbox was found at the incident site, it clearly shows that Boro was brought to the place in the seized Tata Nano and doused in inflammable substance suspected to be kerosene. He also pointed out that an empty bottle smelling of kerosene was also seized.

Protests against the arrest of Akhil and his associates continued today.

Members of the KMSS and its students’ wing, Saatra Mukti Sangram Samiti, today blocked the National Highway 30 by felling trees at Alisinga in Golaghat district for a couple of hours. The police had to cane the protesters.

Students of Cotton College and Gauhati University also staged protests at their respective institutions and observed a fast demanding the release of the arrested KMSS leaders.

Twenty-six activists of the Dhubri district unit of the KMSS were arrested in front of the Dhubri deputy commissioner’s office today while demanding Akhil’s release. They were later released, a police source said.

Akhil and his associates will be produced in court tomorrow on the expiry of the four-day police remand.

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