Assam MLA Karim Uddin Barbhuiya Appears Before SC In Contempt Case

All India United Democratic Front (AIUDF) MLA from Assam's Sonai, Karim Uddin Barbhuiya appeared before the Supreme Court on Monday after he was told to be physically present during a hearing over his contempt of the court.

Barbhuiya allegedly publicised his case with false references even as the matter was sub-judice and the apex court had reserved its order. As such, he was summoned to appear to before the court in person.

The Supreme Court recently rejected the election petition filed against him by former BJP leader Aminul Haque Laskar citing 'vague allegations' lacking substantial evidence to support the claims.

However, the apex court found that even when the matter was sub-judice and the verdict was still reserved, the AIUDF leader claimed to have won the case.

Advocate Adeel Ahmed, who represented the now Congress leader Aminul Haque Laskar in the case said that the Supreme Court has sought Barbhuiya's personal presence on the next date of hearing and the proceeding will be as per the Contempt of Courts Act.

He said, "This is to state that on April 8, 2024, the Supreme Court was pleased to issue a notice on the contempt petition that was filed by Aminul Haque Laskar against Karim Uddin Barbhuiya; the reasons or the group being this that during the course of proceedings in the case of the challenge to the election petition moved by Karim Uddin Barbhuiya and when the case was reserved for judgment and no judgment had been passed, Mr Barbhuiya had posted on his Facebook account and later on the local papers had circulated that he had won the case."

"Whereas, there was no such order and the matter was simply posted for judgment. On this, the Supreme Court of India has issued notice finding him to be in contempt of court and has sought his personal presence on the next date of hearing. The proceeding shall be as per the Contempt of Courts Act and Contempt of Rules," the advocate added.

The Bench comprising Justices Aniruddha Bose and Bela M. Trivedi dismissed the petition citing 'vague allegations' lacking substantial evidence to support the claims made against Barbhuiya. The Court invoked Order 7 Rule 11 of the Civil Procedure Code, deeming the allegations insufficient to sustain the election petition.

Barbhuiya's victory in the 2021 Assam Legislative Assembly elections had been contested by Laskar, who alleged 'corrupt practices' during Barbhuiya's nomination filing process. However, the Supreme Court found these allegations to be unsubstantiated and deficient in material facts as mandated under Section 83(1)(a) of The Representation of the People's Act, 1951.

Initially filed before the Gauhati High Court, Barbhuiya's application to dismiss the election petition was rejected. Following this, Barbhuiya appealed to the Supreme Court, which ruled in his favor by dismissing the case.

Also Read: SC Seeks AIUDF MLA Karim Uddin Barbhuiya's Presence In Contempt Case