“An Attempt to Stifle Protests”: Senior Advocate on Defamation Case Filed by Assam CM's Wife

Assam Chief Minister Himanta Biswa Sarma’s wife, Riniki Bhuyan Sarma, filed a defamation case against Supreme Court senior advocate Upamanyu Hazarika and six others, including Minu Saikia, President of the National Highway Four-Lane Construction Demand Committee of Kaliabor, and Pradip Laskar, the committee’s secretary. The case, numbered 68/2025, was scheduled for hearing on February 10 at the Kamrup (Metro) Chief Judicial Magistrate’s Court.

The complaint stemmed from a press conference held on January 23 by the Four Lane Demand Committee, where allegations were made regarding the realignment of National Highway 715 due to land owned by the Chief Minister’s wife.

In response, Hazarika on Thursday issued a press release stating, “I have not received a copy of any summons or the complaint, but as it appears, the subject matter is the press conference of January 23, 2025, in Guwahati, relating to the proposed diversion of National Highway 715 from Kaliabor-Tiniali, bypassing Jakhalabandha and touching upon lands owned by M/s Pride East Entertainment Pvt. Ltd., of which Riniki Bhuyan Sarma is the Chairman and Managing Director.”

Hazarika further asserted that the defamation complaint is not maintainable as the claims made in the press conference are based on truth, and a related Public Interest Litigation (PIL) is already pending before the Gauhati High Court. “It is a fact that the diversion of NH-715 passes through lands owned by Riniki Bhuyan Sarma based on a proposal by the State Public Works Department, of which her husband, the Chief Minister, is also the Minister. She is therefore a prime beneficiary of a decision taken by her husband’s department,” he stated.

The senior advocate alleged that the complaint’s primary intent is to harass those opposing the highway diversion. “A public person cannot maintain a defamation complaint if the subject matter is of public interest. The diversion will push the residents of Kuwaritol, Hatbor, and Jakhalabandha into hardship as their economy depends on highway traffic. This case is nothing but an attempt to stifle protests,” he said. “I will not be deterred in upholding their cause by such complaints.”

Hazarika also emphasized that the complaint provides an opportunity to scrutinize corruption allegations against the Chief Minister and his wife. “This complaint presents an opportunity to cross-examine Riniki Bhuyan Sarma and her husband on various aspects of the proposed diversion, including a long series of corruption allegations against them. These include land allotments meant for the landless being transferred to companies owned by her, blocking an elephant corridor in Kanchanjuri, Kaziranga, to build a luxury resort, and state government advertisements worth crores given to media companies owned by her,” he stated.

Hazarika further argued that a defamation case requires proof of reputational harm, questioning whether Riniki Bhuyan Sarma enjoys such a reputation. “She will have to establish through evidence that she enjoys a high reputation which has suffered injury. Throughout his public career, both CM Sarma and his wife have faced a long series of corruption allegations, including from the BJP when he was in Congress and presently from the Congress Party, with Rahul Gandhi calling him one of the most corrupt Chief Ministers in India,” he said.

Additionally, Hazarika pointed out that two of the accused, Minu Saikia and Pradeep Laskar, are already petitioners in the Guwahati High Court PIL No. 38 of 2024, in which Riniki Bhuyan Sarma is also a party respondent. He claimed that filing a defamation complaint against them amounts to contempt of court. “It is settled law that if one party to a litigation seeks to pressurize the other party through letters or complaints to disable them from pursuing their case, it amounts to criminal contempt of court,” he asserted.

Despite the legal battle, Hazarika reiterated his commitment to standing by the residents of Jakhalabandha. “I must also make it clear that over the last several decades, I have personally interacted with CM Sarma and Bhuyan on several occasions, marked by mutual courtesies. However, the present case of Jakhalabandha road diversion is one decision taken by CM Sarma in an official capacity, on which I stand with the residents of Jakhalabandha,” he affirmed.

The case is set to be heard on February 10, and further developments are expected as legal proceedings unfold.

Also Read: Assam: Four Lane Demand Committee Opposes NH-715 Diversion, Warns of Economic Devastation