The Gauhati High Court has partly allowed a petition seeking to quash corruption proceedings arising from a 2018 complaint linked to alleged illegal money collection within the Home Guards in Assam. The court ruled that the case could not continue against one of the accused, while allowing the prosecution to proceed against the remaining two.
Background of the Case
The case stemmed from a complaint submitted in March 2018 to senior Home Guards authorities in Assam. The complainants claimed to represent a Home Guard association and alleged that money was being collected from volunteers in the name of recruitment and call-out duties.
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Based on this complaint, an FIR was registered at Kokrajhar Police Station. After investigation, a charge sheet was filed in 2024 under Sections 7 and 13 of the Prevention of Corruption Act, accusing three persons, including a serving Platoon Commander and two Home Guard members.
The Special Judge in Guwahati took cognizance in February 2025, prompting the accused to approach the High Court seeking quashing of the entire proceedings.
Court’s Observations
During the hearing, the High Court examined whether the accused could be treated as “public servants” and whether there was sufficient material to support charges of bribery.
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The bench noted that mere allegations are not enough in corruption cases. Citing Supreme Court rulings, the court observed that-
“proof of demand and acceptance of illegal gratification is the foundation of offences under the Prevention of Corruption Act.”
In the case of the first accused, who was a Platoon Commander, the court found statements from witnesses and video material indicating alleged acceptance of bribe for postings.
“This cannot be treated as a case of no evidence,” the court remarked.
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As for the third accused, the court found material linking him to the alleged acts, making quashing at this stage inappropriate.
However, the position of the second accused was different. The court found no direct allegation connecting him to any official duty or illegal demand. The material against him was described as hearsay, with no clear role emerging from the records.
Decision
In its final order, the Gauhati High Court partly allowed the petition. The court quashed the corruption proceedings only against the second accused, holding that the case against him was not legally sustainable.
The trial will continue against the remaining accused as per law
Case Title: Bolendra Nath Brahma and 2 Ors. v. State of Assam
Case Number: Crl. Pet. No. 644 of 2025
Advocates
- For Petitioners: Mr. P. Jain, Advocate
- For State: Mr. D. P. Goswami, Additional Public Prosecutor, Assam
