The Telegraph
Tuesday , May 13 , 2014

Warrant against Kurmi for assault

Jorhat, May 12: The court of the Titabar sub-divisional judicial magistrate has issued a non-bailable warrant against Rupjyoti Kurmi, the Congress MLA from Mariani, and his former personal security officer Dipu Saikia in a case of assaulting a police driver last year.

The sub-divisional judicial magistrate A.K. Baruah today issued the warrant against Kurmi and Saikia and directed police to produce the duo in court on May 23.

A case (No. 159/13) against the duo was registered at Mariani police station on the basis of an FIR lodged by a police driver, constable Kamal Mohan, on August 21, 2013. Mohan had alleged that Kurmi and his former PSO had beaten him up on the night of August 20 near Kathanibari tea estate on the Jorhat-Mariani road when their vehicles crossed paths.

Kurmi has been booked under Sections 341 (wrongful restraint), 294 (obscene act in a public place), 332 (voluntarily causing hurt to deter a public servant from duty) and 34 (common intention) of the IPC. Section 332 is non-bailable. Saikia has also been booked under the same sections of the IPC except Section 294.

Stating that police had submitted the chargesheet in the case on May 8, the magistrate observed: “Although Section 332 is non-bailable, the police did not arrest the accused persons and had filed the chargesheet against the accused, which is illegal…The court is not satisfied by the way the police has treated the accused.” The order said the police did not treat the accused as ordinary criminals.

Kurmi and Saikia’s lawyer, Sudipta Noyan Goswami, said his clients would appeal against the order.

“We have time and after examining the Titabar court order, we will file a revision petition in the court of the (Jorhat) district and sessions judge or Gauhati High Court,” Goswami told The Telegraph tonight.

On September 25, 2013, Kurmi came to Mariani police station and gave his statement in the case. The legislator was earlier served a notice under Section 41 (A) CrPC, asking him to come to the police station on that day to record his statement. The MLA had denied the charges against him.

Kurmi’s case had kicked off a political storm in Dispur with members from the anti-Tarun Gogoi camp reportedly issuing threats to quit their seats if the MLA was arrested. The All Assam Police Association, on the other hand, had demanded Kurmi’s arrest.