Assam Cong questions GST theft accused’s bail, advocate general’s role

Guwahati, Sep 5 (PTI) The Assam Congress on Friday questioned the bail granted by Gauhati High Court to a person accused in a multi-crore Goods and Services Tax (GST) evasion case and alleged that it reflects a ‘deep-rooted rot’ in the BJP-led government’s handling of justice in the state.

The opposition party also raised objection to state advocate general Devajit Saikia appearing for the accused, and demanded a CBI inquiry into the bail order, the role of the counsel and the broader "political nexus shielding the syndicate".

Gaurav Agarwal, an accused in a multi-crore rupees Goods and Services Tax (GST) evasion case linked to illegal coke plants and transportation, was granted bail by the court of Justice Mridul Kumar Kalita on Thursday.

Saikia, who is also a senior counsel at the HC, had appeared for Agarwal in the bail petition, leading to objection by the standing counsel of Directorate General of Goods and Service Tax Intelligence (DGGI), SC Keyal.

Keyal argued that since 50 per cent of the tax allegedly evaded by Agarwal would have gone to the state exchequer, the Advocate General representing the accused, even if not in his official capacity, involves a conflict of interest.

Justice Kalita, in his order, said "there is no bar" in Saikia appearing for Agarwal even while holding the post of advocate general, as the accusations are under the CGST Act, 2017, and the prosecution agency is the Union government through the DGGI.

He maintained that since the state government is not the prosecuting agency nor was the alleged offence committed under a state Act, there would be no bar in Saikia appearing for Agarwal, while also noting that the advocate general has obtained consent from the state government for his appearance in the case.

Accepting Saikia’s arguments, the court granted Agarwal a bail bond of Rs 1 lakh with a suitable surety of like amount, subject to satisfaction of the chief judicial magistrate (Kamrup-Metro), as per certain specified conditions.

Terming it a "controversial bail order", the state Congress claimed that it “exposes the deep-rooted rot in the BJP-led government's handling of justice in Assam”.

"This order is not just a miscarriage of justice but a blatant example of political interference orchestrated by Chief Minister Himanta Biswa Sarma to shield the notorious coal syndicate mafia, perpetuating 'Syndicate Raj' at the expense of the rule of law," it said in a statement.

The opposition party claimed that syndicate-related cases have been registered by the Assam Police since 2017, yet no meaningful action has been taken.

Questioning Saikia’s role, it maintained that the "Chief Prosecutor for the Assam Police, the Advocate General's role in defending the accused instead of prosecuting them reeks of conflict of interest and subversion of justice".

The party demanded "an immediate high-level probe by the CBI into the bail order, the role of the advocate general and the broader political nexus shielding the syndicate". PTI SSG SSG MNB