"High Court Not Equipped To Conduct Enquiry, File Criminal Case": Gauhati HC Dismisses PIL Alleging Corruption In PM 'Krishak Sinchayee Yojana'

The Gauhati High Court recently dismissed a PIL which alleged rampant corruption in implementation of the Central Government funded schemes such as Pradhan Mantri Krishak Sinchayee Yojana – Per Drop More Crop (PMKSY-PDMC).

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam noted that the High Court is not equipped for conducting an enquiry into the allegations regarding corruption in the Government schemes and the proper course of action for the petitioner is to approach the Criminal Court for registration of a criminal case regarding the commission of a cognizable offence.

The petitioner submitted that though in respect of the corruption activities in which the Government officials and the private entities are involved, he has already approached the Chief Minister of Assam and to the Superintendent of Police, Chief Minister's Vigilance Cell as well as the Officer-in-Charge of Mayong Police Station by submitting an application for registration of FIR, but nothing has been done by the respondent Government.

Thus, the petitioner prayed that a writ be issued to the respondents to initiate proceedings against the corrupt officials as well as other persons involved in corruption in implementation of the referred schemes.

The Court observed:

“Having heard the petitioner appearing in person and after going through the materials available on record, we are of the view that if the petitioner is complaining about commission of a cognizable offence and his attempt to register an F.I.R. with the police has not fructified, it is always open for the petitioner to file appropriate complaint before the concerned Judicial Magistrate as per the provisions of Section 156(3) of the Cr.P.C.”

Thus, the Court dismissed the writ petition in terms of the above observation.

Case Title: Pradip Baruah v. The State of Assam and Ors.

Case No.: PIL/13/2024

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