A Division Bench of the Gauhati High Court on Thursday directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry against Chairman of the Assam Public Service Commission (APSC), Rakesh Paul and his kith and kin regarding the alleged corruption charges and the alleged disproportionate assets held by him.
The direction to the CBI was given by the divisional bench headed by Chief Justice (Acting) K Sreedhar Rao and Justice PK Saikia. The direction for the inquiry also includes Paul’s kith and kin including his wife Sunanda Paul, brother Rajeev Paul and one Sanjay Saha.
The court has, however, made it clear that CBI shall not arrest Paul during the preliminary enquiry but he can be interrogated and upon completion CBI shall submit a report to the court.
The court on Thursday expressed its dissatisfaction with the affidavit filed by Paul in reply to the affidavit of Mukul Saikia, Superintendent of Police, Vigilance and Anti-Corruption, wherein details of the assets of the aforementioned persons were specified.
Senior Advocates and Amicus Curiae PK Tiwari and Bhaskar Dev Konwar contended that only a preliminary enquiry by CBI will restore the confidence upon a Constitutional post like the Chairman APSC.
Further it was submitted that no prejudice would cause to the accused as he would have full opportunity to rebut the allegations of corruption without there being any threat of arrest.
Counsel appearing for APSC and the Chairman, however, submitted that it is only the Supreme Court who can enquire or remove the Chairman under Article 317 of the Constitution of India read with Article 145 and proper explanation have been given in regard to the properties held by Paul and his family members.
It may be mentioned here that there has been severe allegation of corruptions against Paul for last several years and protests rocked the entire State several times in the past demanding to have an impartial probe into the allegations of corruptions by Paul while discharging his duties as chairman APSC.