The Gauhati High Court has dismissed a Public Interest Litigation (PIL) seeking prosecution of the Principal Secretary of the Department of Irrigation and Chief Engineer, Irrigation for various offences.
The PIL filed by one Parash Kumar Bhattacharjee seeking the following relief:
“In the premises aforesaid it is humbly prayed that your Lordships may be pleased to admit this Public Interest Litigation (PIL), issue Rule, call for records, issue notice calling upon the respondents to show cause as to why this Honourable Court cannot take cognizance against respondent no.3 for commissioning of offence prima facie under section 34, 166, 167-A and section 217 under Indian Penal Code read with section 197 and section 201 and 202 of CRPC and with a similar direction to curtail all the financial power of the respondent no 5 till the completion of the inquiry against the respondent no 5. and upon cause/causes shown and after hearing the parties be pleased to allow the PIL for such further order/orders as your Lordships may deem fit and proper.
And
During the pendency of this PIL, it is humbly prayed that your Lordships may be pleased to direct the respondent authorities to forthwith ensure curtailment of all power of respondent no 3 and all financial power of respondent 5 pending enquiry by the competent Investigating Agency and till necessary order at proper stage by this Honourable Court.”
The Division Bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria noted that on previous dates of hearing, i.e. 13.09.2022 and 03.11.2022, the petitioner, who appears in person, was not present to pursue the writ petition. He remained absent on many earlier dates as well.
However, the impleadment of the said respondents is not by name and is by virtue of the posts of Principal Secretary to the Department of Irrigation and Chief Engineer, Irrigation. Apparently, prosecution cannot be directed against an official post and until the persons sought to be prosecuted against are impleaded, no direction in the nature sought by the petitioner in this writ petition can be issued. If at all, the petitioner is desirous of prosecuting any particular official working in the Government of Assam, he has the avenue of doing so by approaching the competent Court by invoking the remedies provided under the Code of Criminal Procedure, the Court observed.