Guwahati: A private meeting in New Delhi between Assam Chief Minister Himanta Biswa Sarma and Gauhati High Court Chief Justice Ashutosh Kumar has raised significant ethical questions, particularly given its timing and lack of transparency.
According to reports, CM Sarma flew to New Delhi on a chartered flight on Sunday solely to meet with Chief Justice Kumar at Assam House, with no other official engagements scheduled. The meeting’s private nature, with no public disclosure of its agenda, has drawn sharp criticism.
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This meeting occurred while the Gauhati High Court was voicing concerns over the state government’s decision to hand over 3,000 bighas of land in the Dima Hasao district to a private company, Mahabal Cement Private Limited, for mining.
During an August 12 hearing, a bench led by Justice Sanjay Kumar Medhi questioned the allotment, orally remarking that giving such a huge parcel of land was contrary to the public interest. “3,000 bighas! That is almost an entire district?” the court noted. “What kind of decision is this? Is this some kind of joke or what? Your need is not the issue… the public interest is the issue.”
The timing of the meeting is also notable because the Gauhati High Court Bar Association has been protesting the state government’s decision to relocate the high court to Rang Mahal in North Guwahati.
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The Bar Association has opposed this unilateral move, and just days before the meeting, the CM publicly announced the distribution of compensation checks to landowners in North Guwahati, signaling a step forward in the relocation process. The CM’s meeting with the Chief Justice, following the Bar Council’s proposal to file objections, has added to the controversy.
The lack of transparency surrounding the discussion has sparked ethical debates. Article 50 of the Indian Constitution, while not legally enforceable, is a Directive Principle of State Policy that mandates the state to take steps to separate the judiciary from the executive.
This provision is intended to ensure judicial independence and prevent undue influence, promoting a fair and impartial justice system. Many observers perceive this recent meeting as potentially compromising this principle.
Such incidents are not unprecedented. Media reports suggest that a previous meeting between Chief Minister Sarma and former Gauhati High Court Chief Justice Bijoy Vishnoi also drew criticism from the legal community, leading to the high court issuing an official media statement to explain the purpose of that meeting.
Furthermore, interactions between the executive and judiciary at the central level have also faced controversy. In September 2024, then-CJI D.Y. Chandrachud invited Prime Minister Narendra Modi to his residence during Ganpati Puja, an action that drew criticism from prominent lawyers and politicians.