Arabinda Rajkhowa

Guwahati, May 24: Ulfa chairman Arabinda Rajkhowa was today acquitted by a Tada court in tea magnate Surrendra Paul assassination case.

Surrendra Paul, brother of UK-based businessman Lord Swraj Paul, was killed by Ulfa cadres at Laipuli in Tinsukia district on April 9, 1990.

Surrendra Paul, the chairman of Assam Frontier Tea Ltd (later renamed Apeejay Tea Ltd), was travelling in a car along with the general manager of the company, Ashish Kumar Choudhary, after visiting a tea garden when they were fired upon by unidentified gunmen at Laipuli. Both suffered bullet injuries and Paul later succumbed to his injuries.

A case (126/1990) was registered at Tinsukia police station under Sections 302, 307, 326 IPC read with Sections 3 (2) (i) (ii) of the Terrorist and Disruptive Activities (Prevention) Act in connection with the killing based on a complaint lodged by Om Bahadur Pradhan, a staff of Doomdooma office of Assam Frontier Tea Limited.

Today, H.C. Sharma, the judge of the designated Tada court, acquitted Rajkhowa, giving the prime accused the benefit of doubt. The judge said the prosecution had failed to substantiate its case and prove the charges beyond all reasonable doubt. The court subsequently pronounced him not guilty of the charges levelled against him.

“The court acquitted him of all charges framed against him in Tada sessions case on benefit of doubt and set him at liberty forthwith,” said Rajkhowa’s counsel Bijon Kumar Mahajan, who was assisted in the case by advocates Arshad Choudhury, Pranab Kumar Das and Nayan Jyoti Das.

Case papers mentioned the name as “Surendra” though the business group spells it as “Surrendra”.

After coming out of the court following his acquittal, Rajkhowa, flanked by Ulfa leader Sashadhar Choudhury and his lawyers, told reporters, “We never indulged in criminal activities since ours is a political movement.” He then hurriedly left the court premises without making any further comment.

Rajkhowa was acquitted in another Tada case on April 27 this year after the court found prosecution evidence inconsistent and the prosecution side could not prove his guilt beyond reasonable doubt. The case was registered in connection with killing Guwahati-based businessman and former president of Kamrup Chamber of Commerce Girdharilal Harlalka.

The trial of the case started in the designated court in 1992 after police filed the chargesheet against six Ulfa rebels. During trial, 16 prosecution witnesses were examined by the court.

Among the accused, Ulfa leaders Pradip Gogoi, Saurav Gogoi and Jugal Kishore Mahanta were acquitted by the designated court on February 8, 2005. At that time, the remaining three accused, Arabinda Rajkhowa, Paresh Barua and Golap Barua alias Anup Chetia, were declared absconding. Rajkhowa faced trial in the case after his arrest in December, 2009.

The two other accused — Paresh Barua, who is yet to come overground and is believed to be hiding somewhere on the Myanmar-China border, and Anup Chetia, who is in “protective custody” in a Bangladeshi jail after serving a jail term for illegally entering the country — will have to stand trial if they are arrested or return to India.

Asked whether the government will challenge Rajkhowa’s acquittal in a higher court, a government advocate said the decision would have to be taken at the highest level in the state government. “Usually such decisions also depend on how strong the prosecution case is and what sort of evidence we have against the accused persons,” he said.

The tea industry declined to comment on today’s ruling. “It is too sensitive an issue to comment on,” secretary of the Assam branch Indian Tea Association, Dhiraj Kakati, said.

Paul’s assassination had evoked strong reactions from the tea industry. It had compelled the Centre to change its approach towards insurgency in Assam. The Centre eventually dismissed the then AGP-led government under chief minister Prafulla Kumar Mahanta and an army operation codenamed Bajrang was launched.

Delhi also ensured that senior tea executives were airlifted from Upper Assam. Paul’s murder spread shock waves so deep that many owners based in Calcutta stopped visiting estates in Assam.

After Paul’s death, his wife Shirin Paul became chairperson and the business was managed by his brother Jit Paul. Karan Paul was studying in the US when he lost his father. He joined the business under guidance of Jit Paul. Karan now chairs the group. His sister Priya runs the hotel business independently. The other sibling, Priti, looks after retail, real estate and shipping.

Apeejay Surrendra Group is among the largest producers of tea in the country. The group owns 17 tea estates spread over 50,000 acres in Assam which produce close to 25 million kg of tea. The group’s operations in tea are directed through two premier tea companies, Apeejay Tea Limited and Empire and Singlo Tea Ltd. Apeejay Tea, formerly Assam Frontier Tea Ltd, was established in 1889.