Guwahati: Debabrata Saikia urges HC to take suo motu cognizance of AFRBM violation

Staff reporter

Guwahati: Leader of Opposition in the Assam Legislative Assembly, Debabrata Saikia, has written to the Chief Justice of the Gauhati High Court, requesting the court to take suo motu cognizance under Article 226 of the Constitution of India. The letter highlights alleged violations by the Himanta Biswa Sarma-led government of the Assam Fiscal Responsibility and Budget Management (AFRBM) Act, 2005, and related constitutional mandates, which Saikia claims are pushing the state toward an escalating debt crisis.

Saikia pointed out that several major financial decisions, especially schemes involving cash transfers and freebies, have been announced and implemented without being passed through the Annual Budget. He alleged that these decisions violate not only the AFRBM Act but also core fiscal and constitutional principles that ensure financial transparency and legislative oversight.

Invoking the Gauhati High Court (Public Interest Litigation) Rules, 2011, the Congress Legislature Party (CLP) Leader urged the Court to intervene in the public interest to prevent further fiscal damage and political misuse of government funds ahead of the 2026 Assembly elections. In his detailed prayer to the Court, Saikia requested the High Court to take actions like to issue notice to the Government of Assam, requiring it to show cause for noncompliance with AFRBM targets and constitutional mandates.

Direct the Comptroller and Auditor General (CAG) to conduct a time-bound audit—within three months—on the Assam Government’s compliance with the AFRBM Act for the financial year 2024–25. Issue an interim stay on the announcement and implementation of new freebie or cash transfer schemes that are not included in the Annual Budget, especially in the lead-up to the 2026 elections.

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