Guwahati, April 5: Gauhati High Court today asked the Assam government to file its response to a petition filed by the president of the Nikhil Bharat Bangali Udbastu Samanway Samitee, Subodh Biswas, seeking the dismissal of the FIR registered against him for allegedly inciting violence at Silapathar in Dhemaji district on March 6.
A single-judge bench of Justice Suman Shyam directed Dispur to furnish its reply within May 8.
Biswas has appealed to dismiss the FIR registered against him at Silapathar police station, stating that there was no evidence to suggest that he had instigated the violence.
Along with his writ petition (civil) number 1953/2017, Biswas's counsel V. Kumar also submitted a reply to an RTI application given by the CID special superintendent of police, N. Rajamarthandan.
The special public prosecutor for the Silapathar case, Bijon Kumar Mahajan, said Biswas had sought his release and of the other accused on bail and payment of damages to them, lodging of FIRs for torching the houses of Bengali people in Silapathar and handing of the investigation to the CBI or any other independent agency.
"The court, however, declined to provide any interim relief to the petitioner," Mahajan said.
Biswas, who was arrested from Bengal's North 24 Parganas district on March 22, is lodged at Dhemaji jail.
He also submitted copies of Rajamarthandan's suspension order and the FIR lodged against him at Paltan Bazar police station yesterday for allegedly violating the RTI Act and departmental rules, in court today.
According to Mahajan, the RTI reply was not part of the case diary and the FIR against Biswas cannot be quashed on its basis.
The state home department has suspended Rajamarthandan on charges of providing information regarding the progress of the probe, plan of investigation and certain other classified information, which cannot be furnished under the RTI Act.
The handwriting on the postal order submitted by the RTI applicant Ambika Ray, the general secretary of the Samitee, was that of Rajamarthandan.
"It is also suspected that Ray's purported signature on the RTI application was a forged one," the source said.
A police team today seized Rajamarthandan's laptop and some documents from his office at the CID headquarters and he was summoned to appear before the investigating officer within 24 hours.
Based on a complaint lodged against Rajamarthandan by CID deputy inspector general Rounak Ali Hazarika yesterday, a case (number 311/2017) against him at Paltan Bazar police station under Sections 120(B)/418/468/471 IPC and Section 98(A) of Assam Police Act, 2007.
AASU adviser Samujjal Bhattacharjya demanded that the state government must take strong action against those involved in the conspiracy to protect Biswas.
"There may be others along with Rajamarthandan in this conspiracy. The government should also ensure that those behind Silapathar incident cannot escape punishment taking advantage of any legal loophole," he said.
Rajamarthandan arrived at the office of the crime branch of city police at Panbazar here for questioning this evening. His interrogation is going on till filing of this report.
