Jayanta Baruah v. The Union of India and 6 Ors

ORDER Date : 30.07.2024

Heard Mr. K. P. Pathak, the learned counsel appearing on behalf of the Petitioners and Ms. A. Gayan, the learned CGC appearing on behalf of the Enforcement Directorate. I have also heard Ms. S. Baruah, the learned Page No.# 6/8 Government Advocate appearing on behalf of the State Respondents and Mr. M. Haloi, the learned CGC appears on behalf of the Central Bureau of Investigation.

¶2It is seen that WP(C) No.9282/2019 was filed challenging the notice dated 12.12.2019 whereby the Petitioner who is a resident of Guwahati was directed to appear on 13.12.2019 at 2:30 PM at Kolkata. Pursuant to the said notice issued, the Petitioner in WP(C) No.9282/2019 approached this Court by filing a writ petition and this Court vide an order dated

16.12.2019 has passed certain directions directing the Inspector of Police of the Central Bureau of Investigation who had issued the notice on

12.12.2019 to appear before this Court on 03.01.2020 and also gave the said Officer the liberty to question the Petitioner at Guwahati. It has been duly informed to this Court that the Petitioner thereupon was questioned by the said Officer and nothing further remains thereupon to the challenge made to the impugned notice.

¶3It is also relevant to take note of that the Petitioner in WP(C) No.9285/2019 was also issued a notice on 12.12.2019 directing the Petitioner to appear on 13.12.2019 at 1 PM at Kolkata. This Court vide an order dated 16.12.2019 reiterated the same directions which were passed in WP(C) No.9282/2019 in its order dated 16.12.2019. It has also been submitted that in the meantime, the Petitioner in the instant writ petition had also been questioned by the Officer concerned and nothing further remains to the challenge made to the impugned notice.

¶4It is also seen that on the very date on which this Court passed the order i.e. on 16.12.2019 in WP(C) No.9282/2019, the Assistant Director of the Enforcement Directorate had issued a summons to the Petitioner in Page No.# 7/8 WP(C) No.9282/2019 and the Petitioner was directed to appear on

23.12.2019 at 11:30 AM. This notice was put to challenge by filing the writ petition being WP(C) No.9450/2019 and this Court vide an order dated 20.12.2019 had directed the Respondents not to insist for personal appearance of the Petitioner in the Office of the Respondent No.6 at Kolkata till 03.01.2020 and not to take any coercive action with regard to the summons dated 16.12.2019. The said interim order has been extended from time to time.

¶5It has been submitted by the learned counsel for the Petitioners that in pursuance to those directions, the Petitioner through his authorized representative had submitted the documents which were sought for vide the summons dated 16.12.2019. It has also been submitted by Ms. A. Gayan, the learned CGC appearing on behalf of the Enforcement Directorate that the statement of the Petitioner in WP(C) No.9450/2019 have been recorded.

¶6Taking into account that the notices both dated 12.12.2019 which were issued to the writ Petitioners in WP(C) No.9282/2019 and WP(C) No.9285/2019, the purpose have been duly served and nothing further remains in both the writ petitions, the said writ petitions have been rendered infructuous.

¶7As regards the writ Petitioner in WP(C) No.9450/2019, in pursuance to the summons, the statement of the Petitioner have already been recorded and the documents have also been furnished for which nothing further remains to the challenge so made in the instant proceedings.

¶8Accordingly, all the three writ petitions stands closed in view of the Page No.# 8/8 above observations.

¶9It is however made clear that the Petitioners herein are given the liberty to approach the appropriate Court in the circumstance the Respondents herein take any steps in contravention of the extant laws which are prejudicial to the interest of the Petitioners.

¶10Interim orders which were passed in all the three writ petitions stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010309062019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9282/2019o JAYANTAoBARUAHo S/O-oLATEoDEBANANDAoBARUAH,oR/O-oMOTHERoTERESAoROAD,oGHY-o21,o DIST-oKAMRUPo(M),oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINoOFoHOMEoAFFAIRS,oNEWoDELHI-o01 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVToOFoASSAM oDISPUR oGHY-o06 3:THEoDGP oASSAM oULUBARI oGUWAHATI-o07 4:THEoCBI oREP.oBYoITSoDIRECTOR o5/B o6THoFLOOR oLODHIoROAD oJAWAHARLALoNEHRUoSTADIUMoMARG oCGOoCOMPLEX oNEWoDELHI-o110003 5:THEoJOINToDIRECTOR oCBI oKOLKATAoDFoBLOCKoSECTOR-I oCGOoCOMPLEX Page No.# 2/8 SALT LAKE KOLKATA- 700064 6:THE SP CBI ECONOMIC OFFENCES- IV DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 700064 7:THE INSPECTOR OF POLICE CBI ECONOMIC OFFENCES IV DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 70006 Linked Case : WP(C)/9285/2019 SADANANDA GOGOI S/O-LATE DHIREN GOGOI R/O- 848 DR. ZAKIR HUSSAIN ROAD MOTORIA HENGRABARI GUWAHATI- 36 DIST- KAMRUP(M) ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS NEW DELHI- 01 2:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GHY- 06 3:THE DGP ASSAM Page No.# 3/8 ULUBARI GUWAHATI- 07 4:THE CBI REP. BY ITS DIRECTOR 5/B 6TH FLOOR LODHI ROAD JAWAHARLAL NEHRU STADIUM MARG CGO COMPLEX NEW DELHI- 110003 5:THE JOINT DIRECTOR CBI KOLKATA DF BLOCK SECTOR-I CGO COMPLEX SALT LAKE KOLKATA- 700064 6:THE SP CBI ECONOMIC OFFENCES- IV DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 700064 7:THE INSPECTOR OF POLICE CBI ECONOMIC OFFENCES IV DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 700064 ------------ Linked Case : WP(C)/9450/2019 JAYANTA BARUAH S/O- LATE DEBANANDA BARUAH R/O- MOTHER TERESA ROAD GUWAHATI- 21 DIST- KAMRUP (M) ASSAM PageoNo.#o4/8 oVERSUS THEoUNIONoOFoINDIAoANDo9oORS REP.oBYoTHEoSECRETARYoTOoTHEoMINoOFoHOMEoAFFAIRS oNEWoDELHI-o01 2:THEoSTATEoOFoASSAM REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVToOFoASSAM oDISPUR oGUWAHATI-o06 o3:THEoDGP ASSAM oULUBARI oGUWAHATI-o07 o4:DIRECTORATEoOFoENFORCEMENT LOKoNAYAKoBHAWAN o6FLOOR oKHANoMARKET oNEWoDELHIo110003oREP.oBYoTHEoED o5:SPECIALoDIRECTOR EDo(EASTERNoREGION) oCGOoCOMPLEX o3RDoMSOoBUILDING o6THoFLOOR oDFoBLOCK oSALToLAKE oKOLKATA-o700064 o6:ASSISTANToDIRECTORo(PMLA) ED oEASTERNoREGION oCGOoCOMPLEX o3RDoMSOoBUILDING o6THoFLOORoDFoBLOCK oSALToLAKE oKOLKATA-o700064 o7:THEoCBI REP.oBYoITSoDIRECTOR o5/Bo6THoFLOOR oLODHIoROAD oJAWAHARoNEHRUoSTADIUMoMARG oCGOoCOMPLEX oNEWoDELHI-o110003 Page No.# 5/8 8:THE JOINT DIRECTOR CBI KOLKATA DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 700064 9:THE SP CBI ECONOMIC OFFENCES IV DF BLOCK SECTOR 1 CGO COMPLEX SALT LAKE KOLKATA- 700064 10:THE INSPECTOR OF POLICE CBI ECONOMIC OFFENCES IV DF BLOCK SECTOR1 CGO COMPLEX SALT LAKE KOLKATA- 700064 For the Petitioner(s) : Mr. K. P. Pathak, Advocate For the Respondent(s) : Ms. A Gayan, CGC : Mr. M. Haloi, CGC : Ms. S. Boruah, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH