Gauhati HC rejects bail to 'kingpin' of Rs 105 crore SCERT scam

GUWAHATI: Gauhati high court has rejected bail to the kingpin in the Rs 105-crore scam in the State Council of Educational Research and Training (SCERT), which took place during 2017-2020, after considering the nature and gravity of the offence and also balancing the individual interest of the accused with that of the societal interest.

Justice Robin Phukan, while rejecting the bail, stated that the accused, Sewali Devi Sharma, was serving as the joint secretary to the government of Assam-cum-the-executive-chairman-cum director of the open distance learning (ODL) cell of SCERT and "the role she played in commission of the offence is more serious than the role played by the co-accused".

Her co-accused, retired joint director of SCERT, Lakhi Narayan Sonowal, accountant Jay Chandra Lahkar, lower division assistant Ramijuddin Ahmed, stenographer Rubul Ali, chartered accountant Saranga More, Sharma's elder son-in-law Rajesh Joshi and Ajit Pal Singh, Kankan Jyoti Das, Saiyed Rahul Amin and Bijoy Gogoi are currently out on bail.

Sharma's counsel BD Konwar argued in the court that all the accused arrested in the case had already been enlarged on bail and on the ground of parity she (Sharma) is also entitled to bail.

On this, the court agreed with the argument of the public prosecutor M Phukan that the "case of the accused (Sharma) is not on the same pedestal with that of the other accused and on the ground of parity she is not entitled to bail".

Justice Phukan said the counsel for the accused has not addressed the court on merits of the case. The judge drew attention to the "Pragyna Singh Thakur Vs State of Maharashtra" and stated that "it is now well settled that when the chargesheet is filed within 90 days, then the right to be released on bail can only be on merits".

"But Sharma's counsel emphasized on the ground of being a woman and sick and on the ground of parity and also on the ground of length of detention," the court stated.

Sharma has been languishing in jail in connection with the case filed by the chief minister's special vigilance cell registered last year under various charges, including criminal conspiracy, criminal breach of trust and disappearance of evidence of offence or giving false information to screen offender.