GUWAHATI, India, Nov. 12 -- Gauhati High Court issued the following order on Oct. 12:

1. This matter is specially assigned to this Bench by Hon'ble the Chief Justice in terms of the direction of the Hon'ble Apex Court in Ashwini Kumar Upadhyay Vs. Union of India reported in 2023 SCC Online SC 1463 since the petitioner herein is a sitting Legislator (Member of Parliament)

2. Heard Mr. A. M. Bora, learned Senior Counsel, assisted by Mr. V. A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Public Prosecutor, Assam, representing the respondent No. 1 and Mr. B. K. Mahajan, learned counsel with Mr. N. Mahajan, learned counsel for the respondent No. 2.

3. The present application under Section 438/442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS), is filed challenging the impugned judgment and order dated 22.09.2023 passed by the learned Court of Additional Sessions Judge No. 2, Kamrup (M), at Guwahati in Criminal Revision No. 26/2023.

4. By the impugned order dated 22.09.2023, the learned Additional Sessions Judge has overturned the order dated 18.03.2023 passed by the trial Court, by which an application filed by the complainant in C.R. Case No. 559/2016 with a prayer to adduce three additional witnesses was rejected.

5. The respondent No.2, as complainant, filed a complaint case before the Court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, inter alia, projecting that on 12.12.2015, the accused/petitioner went to Barpeta and took part in a Padayatra and addressed a public rally at a place called Medhirtari. It was further alleged that the accused petitioner was supposed to visit Barpeta Satra and take blessings in the Satra; however, he kept the officials of Satra waiting, and after waiting for a considerable period of time, the people waiting for him and the other office bearers of the Satra got annoyed and expressed their anguish before different TV channels and journalists present therein. It is also further projected in the complaint that, taking a cue from such a situation, the petitioner interviewed different TV channels and made a statement that he was prevented from going to the Satra by RSS people, which was subsequently published in The Times of India, New Delhi Edition, on 15.12.2015. According to the complaint, the same was also published in a local Assamese vernacular daily, namely, Dainik Agradoot, on 15 December 2015. It was alleged that the accused petitioner had deliberately and intentionally made defamatory statements to communalise the issue to gain political mileage on the eve of the forthcoming election in the State of Assam.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIJXY7lC%2FZVkxK3Hp6SZ4JKhoxk24vsLr4OazHlDHa00&caseno=Crl.Rev.P./283/2024&cCode=1&cino=GAHC010152672024&state_code=6&appFlag=)

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