Guwahati: The Assam Police for arresting Kishor Das, an accused in the 2023 Silsako encroachment case, despite an earlier court order staying the investigation related to the matter.
The court ruled that the arrest was unlawful, stating that it violated the stay previously issued on the FIR filed at the Dispur police station. “The arrest of the petitioner is bad in law,” the court observed in its order.
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The case began in March 2023, when Manali Das, Secretary of the Guwahati Metropolitan Development Authority (GMDA), lodged three separate FIRs at the Satgaon, Noonmati, and Dispur police stations. These complaints alleged unauthorized encroachment and settlement over Silsako Beel, a key wetland essential for water retention and flood management in the city.
According to the GMDA, several individuals, including Nripen Khaklari, Paresh Kumar Das, Sankar Doimari, Sangram Khaklari, Tarumia, Tomizur Rahman, Maklesh Ali, Pradip Pegu, Rajkumar, and Anup Pegu, played roles in unlawfully facilitating land transfers around the wetland. This led to the registration of three criminal cases.
Later, Paresh Kumar Das, through his counsel Advocate Bijon Kumar Mahajan, approached the High Court seeking to quash the FIR ed at Dispur police station.
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Mahajan argued that the FIR duplicated allegations already covered in the earlier complaint at Satgaon.
The High Court agreed, staying the investigation under the Dispur FIR while permitting the police to proceed with the original case filed in Satgaon.
Despite this legal direction, the police arrested Kishor Das based on the stayed FIR. Advocate Mahajan, representing Das during his bail hearing, argued that the arrest contravened the court’s stay order.
The High Court concurred, ordered his immediate release on bail, and directed that he be freed upon furnishing a bail bond of Rs 25,000 along with one surety of the same amount.
The incident has sparked renewed scrutiny over the Assam Police’s compliance with judicial directives in ongoing investigations.