Achi news desk-
GUWAHATI: The Gauhati High Court has upheld the order of the Assam Special Judge allowing the change of status of suspended Assam Public Service (APS) officer Sukanya Das from an accused in the APSC cash-for-work case. The case includes various charges under the Prevention of Corruption Act, 1988, and the Indian Penal Code (IPC).
A single judge bench comprising Justice Maridul Kumar Kalita observed that the special order of the judge did not indicate that the court had taken cognizance of the offense for the purpose of his trial. The order only changed the status of Das Aed to accused to facilitate the continuation of the investigation.
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The case stems from an FIR lodged on October 27, 2016 by Angsumita Gogoi at the Dibrugarh police station, alleging that Nava Kumar Patir had contacted her over phone and demanded a payment of Rs. 10 lakh for her appointment as a dental surgeon through the Assam Public Service Commission (APSC). Subsequent investigations led to the arrest of several people, with supplemental indictments indicating that Das was initially listed as a witness.
However, a Special Investigation Team (SIT) was formed in 2023 to further investigate the case, leading to Das’s arrest on 4 December 2023. After her arrest, the Investigating Officer (IO) petitioned the Special Judge to change Das’ status. testifies to the accused. The special judge granted this request, leading to Das’ challenge in the Guwahati High Court.
The senior attorney representing Das claimed that the special judge recognized the offense against her without the appropriate legal procedures, and noted that a police report was not filed under Section 173(8) of the Criminal Procedure Code (CRPC). In addition, the attorney argued that the special judge did not exercise the Its powers under Section 319 of the CRPC, which allows the court to summon additional persons during a trial.
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The Additional Public Prosecutor (APP) countered that the change of status was justified, given the sufficient evidence against Das. The APP emphasized that the investigation into the matter continues, and the change of status did not indicate that the court recognized the offense for trial.
In the end, the Supreme Court in Guwahati upheld the special judge’s decision, stating that the order was intended to facilitate the continuation of the investigation. The court concluded that there was no error or irregularity in the special judge’s order and dismissed Das’s petition.
