
The Gauhati High Court granted bail to Dr Sangeeta Dutta, who has been in custody since May 2023 in a case concerning the alleged abuse of a three-year-old foster child.
The Court held that her 1 AM arrest was illegal as it violated Section 46(4) CrPC, which mandates prior written permission from a Judicial Magistrate for arresting a woman at night.
It also noted breaches of Sections 50, 50A, 41B(b)(i), and 60A CrPC, including failure to properly inform grounds of arrest, notify relatives, and prepare a valid arrest memo.
Considering her long custody, slow trial progress and parity with a co-accused who is already granted bail, the Court ordered her release with conditions.
[Dr Sangeeta Dutta v. State of Assam & Anr.]
Thanush SBookmark

The Gauhati High Court held that a Goods and Services Tax (GST) registration may be restored even after the statutory revocation period expires, provided the taxpayer complies with the conditions under Rule 22(4) of the Central Goods and Services Tax Rules, 2017.
The petitioner’s registration had been cancelled for non-filing of returns for over six months, but was later regularised through payment of dues and filing of pending returns.
The Court noted that cancellation entails severe civil consequences and directed that authorities must reconsider restoration when statutory compliance is achieved.
[Dhirghat Hardware Stores & Anr v Union of India & Ors]
a month ago
MamiraBookmark

The Gauhati High Court quashed the FIR against CNN-News18 anchor Akanksha Swarup, filed over her televised remark suggesting human sacrifice at the Maa Kamakhya Temple.
The FIR, registered under Sections 153A, 295A, and 505(2) IPC, accused her of promoting religious enmity. Justice Shamima Jahan found that the comment was general, lacked intent to insult, and was not made in a religious context.
The Court held that the statement did not meet the legal criteria for the alleged offences, adding that allowing the case to continue would be an abuse of process.
[Akansha Swarup v State of Assam and Another].
MamiraBookmark

The Gauhati High Court acquitted Sudip Biswas, who was earlier convicted of rape by a trial court in 2022, after a DNA test proved he was not the father of the victim’s child.
Despite initially refusing the test, the Court ordered it to establish the truth over individual privacy concerns.
The Court also scrutinised the victim’s testimony, finding inconsistencies regarding the identity of her assailant.
The bench of Justices Michael Zothankhuma and Anjan Moni Kalita ruled that the prosecution’s case lacked foundation, leading to Biswas’ immediate release from custody.
[Sudip Biswas @ Bura v. The State of Assam and Anr]
MalavikaBookmark

The Gauhati High Court has directed Happy Child High School, Guwahati to provide free education to two students of the EWS category in accordance with Section 12 of the Right of Children to Free and Compulsory Education Act, 2009.
The decision was given in response to a case where two students, unable to afford the costs of books and uniform, were barred from attending classes from the beginning of the session.
The Bench noted that if a school provides free elementary education, it will be reimbursed with either the state’s per-child cost or the actual fee charged, whichever is lower.
[Master Rehan Barai & Anr. v The State of Assam & Ors.]
KhushaliBookmark

The Gujarat High Court tells a petitioner who challenges the teaser of Jolly LLB 3 to read the Allahabad High Court’s judgment, which dismissed a similar plea, before pursuing his case.
The petitioner argued the teaser contained vulgar content and sought to contest the CBFC’s certification, claiming his representation to the CBFC had not been addressed.
The Bench directed the CBFC’s counsel to inform the court by September 16 about when the petitioner’s representation will be decided, and fixed the matter for hearing on that date.
The film, starring Akshay Kumar and Arshad Warsi, is set to release on September 19.
[Yatin K. Desai v. Union of India]
3 months ago
SoumyaBookmark

The Gauhati High Court expressed shock at the allotment of nearly 3,000 bighas of land in Dima Hasao district to Mahabal Cements, observing that the region falls under the 6th Schedule, where tribal rights prevail.
Justice Sanjay Kumar Medhi said granting such vast land was “extraordinary” and almost like allotting “half of the district.”
The Court underscored the ecological significance of Umrangso, which hosts hot springs, migratory birds, and wildlife. The court directed the North Cachar Hills Autonomous Council to submit land allotment records.
The Bench heard petitions by villagers opposing eviction and Mahabal Cements seeking operational protection. The matter returns on September 1.
[Sonesh Hojai and 21 Ors v The State of Assam and 6 Ors].
4 months ago
VedikaBookmark

The Gauhati High Court quashed criminal proceedings against a journalist accused of promoting enmity under Section 153A of the IPC through a 2016 newspaper article on illegal migration, religious fundamentalism, and militancy.
Justice Pranjal Das ruled that merely reporting on sensitive social issues does not amount to promoting enmity or inciting violence.
The Court noted the article did not target any community specifically and upheld journalism’s duty to highlight public concerns.
It found the FIR insufficient to meet Section 153A’s requirements of deliberate intent to incite hatred between groups and set aside the case, affirming that journalism cannot be criminalised for raising such issues.
[Kongkon Borthakur v The State of Assam & Anr]
MalavikaBookmark

The Gujarat High Court noted recent drives in Ahmedabad against wrong-side driving, illegal parking, and encroachment, including vehicle impounding and awareness campaigns.
Between July 29 and August 4, police filed 77 FIRs and seized 46 vehicles for wrong-side driving.
The bench cautioned that such efforts must be continuous and citywide, not limited to court dates or high-visibility zones. Authorities were warned they would be held accountable if violations persisted.
The matter will be heard next on August 13.
[Mustak Hussain Mehndi hussain Kadri v. Jagadip narayan singh, IAS & Anr]
RoshaniBookmark

The Gauhati High Court granted bail to a man accused of posting pro-Pakistan content and threatening to kill Assam CM Himanta Biswa Sarma if anything happened to Pakistan.
The post included phrases like “Pakistan Zindabad” and “open challenge” to harm the CM. Justice Robin Phukan noted that the man had already spent 57 days in custody, and the case diary was not produced despite multiple requests.
The Court ruled that further custody wasn't necessary for the investigation. Bail was granted with conditions, including full co-operation and a ban on influencing witnesses or obstructing the probe.
4 months ago
UjjwalBookmark

Justice Ashutosh Kumar took oath on Monday as the Chief Justice of the Gauhati High Court.
The ceremony was held at Raj Bhavan, where Assam Governor Lakshman Prasad Acharya administered the oath. Born on October 1, 1966, Justice Kumar completed his education at St. Michael's High School, Patna, St. Stephen's College, and Campus Law Centre, Delhi University.
He began practising in 1991 at the Patna High Court, appearing in several key criminal cases. Elevated as a judge in 2014, he served in Delhi and Patna High Courts before his appointment as Chief Justice of Gauhati High Court.
UjjwalBookmark

A student body, All BTC Minority Students Union (ABMSU), filed a PIL in the Gauhati High Court challenging Assam’s so-called “push‑back” policy targeting alleged illegal immigrants.
The petitioners argue that the state arbitrarily detains individuals and expels them across the Bangladesh border without due process, violating Articles 14, 21, and 22 of the Constitution and Supreme Court directives.
Over 50 individuals are believed to have been forcibly removed without legal orders, according to the petition.
The Court directed ABMSU to provide a list of affected persons by July 14, and scheduled the next hearing for July 22, 2025.
MalavikaBookmark

The Gauhati High Court ordered that a taxpayer, by clearing all dues and filing pending returns, can restore the cancelled GST registration.
The court mentioned Rule 22(4) of the GST rules, which allows revocation of GST registration cancellation, if pending returns are filed and tax, interest and late fees paid.
In this case, the petitioner’s GST registration was cancelled for non-filing returns for 6 months, but she later updated all the returns and paid dues, explaining her delay was due to unfamiliarity with online systems.
The Court directed her to approach the tax department within two months for restoration and noted that cancellation has serious consequences for business continuity.
MalavikaBookmark

The Gauhati High Court directed the Assam Government to submit a status report regarding the modified version of 'Guwahati Outdoor Advertisement Policy Guidelines, 2017'.
The Court was hearing a PIL alleging the State’s failure to notify the final version of the guidelines despite earlier directions, following the petitioner’s initial challenge to the unchecked placement of hoardings and billboards in Guwahati without regulations.
The Court noted no objections were received on the draft, yet the State failed to notify of the finalised rules within the six-week deadline fixed in 2018
The Court noted the delay and ordered a status report on the modified guidelines, with the matter now listed after six weeks.
MansiBookmark

The Gauhati High Court has directed that all child trafficking trials pending in Assam, Nagaland, Mizoram, and Arunachal Pradesh be completed within six months.
The Court issued this directive in compliance with the Supreme Court’s order in Pinki v. State of Uttar Pradesh & Anr., which mandates expeditious disposal of child trafficking cases.
The Court has emphasised the adoption of suggestions from the Bharatiya Institute of Research and Development (BIRD) report, urging that all missing children cases be treated as trafficking unless proven otherwise.
The Court instructed subordinate courts to conduct trials on a day-to-day basis if necessary. The Supreme Court will review compliance in October 2025.
MansiBookmark