Staff Reporter
Guwahati: The Gauhati High Court slams the arrest of an accused in the Silsako encroachment of 2023 despite a prior court order staying the investigation. The HC ruled that the arrest of one of the accused, Kishor Das, was ‘bad in law’ and allowed his bail application.
The case dates back to March 2023, when the Guwahati Metropolitan Development Authority (GMDA) filed FIRs with Satgaon and Dispur police stations alleging unauthorised encroachment and settlement over the Silsako Beel. In the FIR, it is alleged that some persons had fraudulently sold land to some other persons in the Silsako area in Guwahati.
The GMDA reportedly found that Kishor Das, along with other persons, allegedly induced the transfer of land in and around the wetland, and accordingly, cases were registered.
Thereafter, this Court in Criminal Petition No.258/2023 had stayed the further proceedings of Dispur P.S. Case No.381/2023 on March 20, 2023. Later on, by an order dated April 21, 2023, in Criminal Petition 258/2023, the said stay order was extended.
However, during that period, the present petitioner was arrested by police in Dispur P.S. Case No.381/2023.
B.K. Mahajan, while moving the bail application of Das, submitted that his client was wrongfully arrested despite the legal restraint.
Justice Parthivjyoti Saikia, who heard the case, observed in his ruling, “…His arrest was made after the passing of the said order by this Court. The court is of the opinion that the arrest of the present petitioner is bad in law.”
Accordingly, the court ordered that the petitioner be released on bail against a bail bond of Rs 25,000 with a surety of the like amount.
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