Gauhati High Court
Journalist Raising Concerns About Illegal Migrants, Religious Fundamentalism Alone Doesn't Attract Offence Of Promoting Enmity: Gauhati HC
The Gauhati High Court recently observed that a journalist raising concerns about illegal migrants, religious fundamentalism, militant activities, and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence. Stressing that the core duty of journalism is to raise burning issues, which matter to society, a bench of Justice Pranjal Das quashed a 2016 FIR lodged against 'Dainik ...
Merely Attaching Tax Determination Statement To DRC-01 Summary Cannot Be Treated As A Valid SCN: Gauhati High Court
The Gauhati High Court held that merely attaching tax determination statement to Drc-01 summary cannot be treated as a valid show cause notice. Justice Sanjay Kumar Medhi stated that “…….a formal and duly authenticated SCN is mandatorily required to initiate proceedings under Section 73. The Statement of tax determination under Section 73(3), which is attached to the summary...
'Accused Didn't Comply With Fundamental Duties U/Art 51A': Gauhati High Court Denies Bail In FIR Over Alleged FB Post Backing Pakistan
The Gauhati High Court on Monday denied bail to a man accused of posting content on Facebook in support of Pakistani citizens and the President of Turkey, as it noted that the accused had not 'complied' with the fundamental duties enshrined under Article 51A of the Constitution of India. "On a plain reading of the Facebook message, it is clear that at this juncture,...
Gauhati High Court Grants Bail To Man Accused Of Posting FB Threat To Kill CM Himanta Sarma If Anything Happens To Pakistan
The Gauhati High Court recently granted bail to a man accused of posting objectionable content on Facebook, including an alleged 'open challenge' to kill Assam Chief Minister Himanta Biswa Sarma if anything happened to Pakistan. A bench of Justice Mridul Kumar Kalita passed the order in a bail application moved by one Rashid Sikdar, who had been in custody for 57 days in connection...
Justice Ashutosh Kumar Takes Oath As Chief Justice Of Gauhati High Court
Justice Ashutosh Kumar on Monday was sworn in as Chief Justice of the Gauhati High Court. The oath was administered to Justice Kumar by Assam Governor Lakshman Prasad Acharya.Justice Ashutosh Kumar was born on 1st October 1966. He completed his schooling at St. Michael's High School, Patna, and went on to graduate from St. Stephen's College, Delhi University. He obtained his LL.B. from the...
Gauhati High Court Grants Bail To Man Accused Of Posting 'I Love Pakistan' On Social Media After Pahalgam Terror Attack
The Gauhati High Court on Thursday granted bail to one Najibul Islam, who was arrested for allegedly posting 'I love Pakistan' on Instagram following the Pahalgam terror attack. A bench of Justice Kalyan Rai Surana noted that the petitioner had been in custody since May 1, 2025, and had completed approximately 70 days of incarceration and that his further custodial interrogation was...
In-Charge Headmaster Should Be Appointed Based On Seniority-Cum-Efficiency : Gauhati HC
The Gauhati High Court bench comprising Justice Robin Phukan held that in case of two candidates joining service on the same date, seniority must be determined based on age, with the elder candidate being treated as senior. Additionally, appointment to the post of Headmaster must be made on the basis of seniority-cum-efficiency. Background Facts The petitioner was appointed...
Supreme Court Collegium Proposes Appointments To Gauhati High Court
The Supreme Court Collegium in its meeting held on 01st July, 2025 has approved the proposal for appointment of the following persons as Judges in the Gauhati High Court:ADVOCATES:(i) Shri Anjan Moni Kalita @ Anjan Kalita, and(ii) Shri Rajesh Mazumdar.JUDICIAL OFFICERS:(i) Shri Pranjal Das, and(ii) Shri Sanjeev Kumar Sharma....
PIL In Gauhati High Court Challenges Assam Govt's 'Push-Back Policy' For Allegedly Deporting Suspected Illegal Immigrants
A Public Interest Litigation has been filed by a student's association in the Gauhati High Court seeking that the “push-back” policy adopted by Assam Government with respect to alleged illegal immigrants, be declared as unconstitutional, being violative of Article(s) 14, 21 and 22 of the Constitution. When the matter was taken up on June 27, a division bench of Justice Manish Choudhury...
[Cheque Dishonour] Trial Court Overlooked Accused's Guilty Plea, Deposit Of Amount: Gauhati High Court Sets Aside Conviction
The Gauhati High Court recently set aside the judgment of conviction passed by the Sessions Judge, Dibrugarh under Section 138 of the Negotiable Instruments Act, 1881 on the ground that the accused had already pleaded guilty before the Judicial Magistrate and the Sessions Judge ignored the said aspect while allowing appeal.The single judge bench of Justice Parthivjyoti Saikia was hearing...
High Court Asks Assam Govt To Inform On Status Of 2017 Guidelines Regulating Outdoor Advertising In Guwahati
The Gauhati High Court recently asked the Assam Government to file a status report with regard to the modified version of the 'Guwahati Outdoor Advertisement Policy Guidelines, 2017'.The division bench comprising the Chief Justice (Acting) Lanusungkum Jamir and Justice Manash Ranjan Pathak was hearing a PIL alleging that the State Government has not yet notified the final 'Guwahati...
Restoration Of Cancelled GST Registration Permissible If Taxpayer Clears Dues And Files Returns: Gauhati High Court
The Gauhati High Court stated that the restoration of cancelled GST registration is permissible if the taxpayer clears dues and files returns. The Bench of Justice Sanjay Kumar Medhi observed that “proviso to sub-rule (4) of Rule 22 of the CGST Rules 2017 provides that if a person, who has been served with a show cause notice under Section 29(2)(c) of the CGST Act, 2017, is ready...