Congress Petition Against Advocate General in Defamation Case; He Responds

Assam Congress leader and lawyer Reetam Singh filed an urgent petition in the Gauhati High Court, asking for the immediate recusal of Devajit Lon Saikia, Advocate General of Assam, from representing Chief Minister Himanta Biswa Sarma in his Rs 500 crore defamation case against state Congress president Gaurav Gogoi and other party leaders.

The plea, addressed to the Chief Justice of the Gauhati High Court, cited concerns of bias, conflict of interest, and loss of public trust in the justice system as reasons for seeking Saikia’s removal from the case. The petition also claimed that Saikia’s involvement in politically sensitive cases showed a worrying pattern that could harm judicial fairness and the integrity of the courts.

The filing said Saikia had reportedly represented a party in a 2025 GST evasion case while still holding the office of Advocate General. The petition claimed that his statement in court that a government “No Objection Certificate” (NOC) had been obtained was not backed by official records, raising doubts about possible misrepresentation and the impartiality expected from someone in his position.

In the current defamation case, which involves allegations linked to the Saradha Chit Fund scam, the Louis Berger bribery scandal, and other large financial irregularities, Saikia has been accused of representing the Chief Minister in matters where he may have personal or political interests. The petition argued that this breached professional ethics, gave the state an unfair advantage in ongoing litigation, and undermined the principle of judicial neutrality.

The petition also pointed to statements made by Saikia during a press conference on February 12, which it said gave a “materially distorted and prejudicial narrative” intended to influence public opinion about the case. Singh argued that this violated the duty of impartiality expected from public officials, especially from the state’s top legal officer.

The filing also referred to Supreme Court rulings saying that constitutional functionaries should avoid even the appearance of conflict or bias, as public confidence in the judiciary is crucial.

The petition asked the court to direct Saikia to recuse himself from this case, allow him to continue only in matters where no conflict exists, and consider a wider inquiry into possible conflicts involving the office of the Advocate General.

Advocate General Responds

Responding to the petition, Devajit Lon Saikia said that it lacked proper homework. “I am yet to appear in the Louis Berger bribery case. I, in my capacity as a senior advocate and not as the Advocate General of Assam, can take up any private case. Whoever has filed the plea has not done their homework properly,” he said.