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In a case lodged against Assam Chief Minister Himanta Biswa Sarma over his live interview within 48 hours before the first phase of Lok Sabha Elections 2019, the Gauhati High Court on Wednesday stayed the proceedings before the court of Chief Judicial Magistrate of Kamrup (Metro).

The trial court, on February 25, had issued a second summons for Sarma’s appearance on March 21 while imposing a fine of Rs 2,000 for his failure to appear before the court on an earlier summons issued on February 11. Against this order, Sarma had moved the high court seeking directions to quash the order and entire proceedings in this case.

Admitting Sarma’s plea for hearing, the bench of Justice Rumi Kumari Phukan noted, “It appears that the learned trial Court, has, however, overstepped in the side of the complainant, which are not healthy affairs for a Court of law (the orders reflect).”

Court added, “It appears that in the last order dated 25.02.2022, while the Court accepted the cause of absence of the complainant, who was stated to be busy in election duty, but refused to accept the ground that was given on behalf of the accused petitioner, who was busy with the Hon’ble President of India.”

Sarma's counsel had informed the court that he could not appear before the court on February 25 as he was preoccupied with the President Ram Nath Kovind during his three-day visit to the state.

Considering this, court also said, "Perhaps, this aspect was known to all the citizens of Assam that on the very day, the President of India was in Assam for three days and the petitioner being the chief minister of Assam, was present with the President of India, and his absence before the court cannot be viewed with serious complicity and particularly, a petition was also moved on behalf of the petitioner, assigning reasons. In that view of the matter, imposition of cost appears to be not on lawful consideration,"

Therefore, further stating that “serious aspect of law and other related issues have been raised in the present petition, which deserves consideration,” court directed the Election Commission of India and state election commission to reply in the matter within four weeks and stayed the proceedings in the lower court till then.

The state election department had filed the case against Sarma on May 14, 2019 based on a complaint by Assam Pradesh Congress Committee president on April 11, 2019 alleging that Sarma, who was the state health minister then, violated the Lok Sabha election model code of conduct when a local TV channel telecast his "live Interview "within 48 hours of the first phase of polls".

Case Title: Dr. Himanta Biswa Sarma v. The Election Commission of India And 5 Ors