The Supreme Court on Friday granted bail to suspended Assam Deputy Inspector General Rounak Ali Hazarika in a disproportionate assets case. [Rounak Ali Hazarika vs State of Assam].A Bench of Justices BR Gavai and BV Nagarathna granted bail subject to furnishing bond of ₹10 lakh and two sureties of the same amount. He was also directed to surrender his passport and not leave Guwahati without permission of the trial judge. The Bench in granting bail noted that cognisance had not yet been taken towards alleged offences under the Official Secrets Act. Further, there no bar on him travelling abroad without prior permission as was one of the contentions raised against his conduct. "Prima facie, the communication of the Government of India dated 05.12.2007 would not require a prior permission when an officer of the All-India Services travels abroad" the Bench noted. .The Assam Police had earlier this year submitted its final supplementary chargesheet in the disproportionate assets case against the police officer, towards offences under the Prevention of Corruption Act. A Special Investigation Team (SIT) of the Chief Minister's Special Vigilance Cell had found that he had amassed immovable and movable assets which were 182 percent more than his known sources of income. The DIG was suspended from duty in July last year for going on several foreign trips without permission since 2011. He was arrested on October 5 last year. .The bail plea filed through advocate Pai Amit challenged a Gauhati High Court order passed in May this year declining bail to Hazarika.It contended that the High Court ignored several precedents of the Supreme Court and also overlooked the fact that the petitioner is a person with deep roots and society. He is, thus, unlikely to flee or tamper with evidence at this stage, it was contended.Before the top court, Senior Advocate Devadatt Kamat appearing for Hazarika, argued that the offences under the Official Secrets Act also being probed against the suspended officer were frivolous. He was alluding to allegations that his client engaged in espionage on his foreign trips. Since the probe was complete in the disproportionate assets, he can be granted bail, Kamat said.Assam Additional Advocate General Nalin Kohli opposed the bail plea contending that the Official Secrets Act violation proceedings were still pending before the trial court, and a chargesheet has been filed in the corruption case. .[Read order]
The Supreme Court on Friday granted bail to suspended Assam Deputy Inspector General Rounak Ali Hazarika in a disproportionate assets case. [Rounak Ali Hazarika vs State of Assam].A Bench of Justices BR Gavai and BV Nagarathna granted bail subject to furnishing bond of ₹10 lakh and two sureties of the same amount. He was also directed to surrender his passport and not leave Guwahati without permission of the trial judge. The Bench in granting bail noted that cognisance had not yet been taken towards alleged offences under the Official Secrets Act. Further, there no bar on him travelling abroad without prior permission as was one of the contentions raised against his conduct. "Prima facie, the communication of the Government of India dated 05.12.2007 would not require a prior permission when an officer of the All-India Services travels abroad" the Bench noted. .The Assam Police had earlier this year submitted its final supplementary chargesheet in the disproportionate assets case against the police officer, towards offences under the Prevention of Corruption Act. A Special Investigation Team (SIT) of the Chief Minister's Special Vigilance Cell had found that he had amassed immovable and movable assets which were 182 percent more than his known sources of income. The DIG was suspended from duty in July last year for going on several foreign trips without permission since 2011. He was arrested on October 5 last year. .The bail plea filed through advocate Pai Amit challenged a Gauhati High Court order passed in May this year declining bail to Hazarika.It contended that the High Court ignored several precedents of the Supreme Court and also overlooked the fact that the petitioner is a person with deep roots and society. He is, thus, unlikely to flee or tamper with evidence at this stage, it was contended.Before the top court, Senior Advocate Devadatt Kamat appearing for Hazarika, argued that the offences under the Official Secrets Act also being probed against the suspended officer were frivolous. He was alluding to allegations that his client engaged in espionage on his foreign trips. Since the probe was complete in the disproportionate assets, he can be granted bail, Kamat said.Assam Additional Advocate General Nalin Kohli opposed the bail plea contending that the Official Secrets Act violation proceedings were still pending before the trial court, and a chargesheet has been filed in the corruption case. .[Read order]
