Assam APSC scam: Forum alleges threat to Justice Biplab Sharma inquiry report

Guwahati, Feb 7: The inquiry report of the Justice Biplab Kumar Sharma Commission probing the Assam Public Service Commission (APSC) examination scam is facing a serious threat of being set aside due to alleged lapses by the state government, a citizens’ forum claimed on Saturday.

Addressing a press conference here, Manas Pratim Baruah, administrator of the Fight Against Injustice of APSC, said the matter has reached a critical stage before the Gauhati High Court, where the very legal validity of the commission’s report is under challenge.

“Whether the report of the Justice Biplab Kumar Sharma Commission will survive or be rejected is now a question echoing within the High Court,” Baruah said.

He referred to a crucial hearing held on January 29, during which counsel representing the suspended officers argued that the commission violated Sections 8(B) and 8(C) of the Commissions of Inquiry Act, 1952.

According to them, the officers were denied adequate opportunity to defend themselves, cross-examine witnesses, or engage legal counsel, and therefore sought quashing of the inquiry report along with the consequential suspension orders.

Baruah alleged that the state government’s defence in court has been “weak and ineffective,” drawing criticism even within legal circles.

“The stand taken by the government counsel has become a subject of discussion among members of the legal fraternity,” he claimed.

He further alleged that the Additional Advocate General, Nalin Kohli, failed to place crucial facts before the court, including alleged admissions made by beneficiary candidates during verification.

“The candidates themselves admitted discrepancies in their answer scripts and tabulation sheets, but this vital information was never highlighted,” Baruahsaid.

Defending the commission’s procedure, Baruah maintained that due process was followed, with notices issued detailing all allegations, access to documents provided, and replies accepted—many of them through legal counsel.

“Show-cause notices, replies, and the inquiry report together clearly amount to admission of facts,” he argued.

Rejecting claims that the candidates were denied the opportunity to cross-examine witnesses, Baruah questioned the logic behind such arguments.

“This was not a case of oral evidence. The evidence consisted of documented, forged answer scripts and manipulated tabulation sheets. Whom were they supposed to cross-examine?” he asked.

He also expressed concern over delays in completing departmental proceedings against the suspended officers, some of whom were arrested as early as 2023.

“Each passing month gives rise to a fresh cause of action in their favour, while proceedings remain incomplete,” he said.

Referring to court observations by Justice Debashish Baruah, Manas Pratim Baruah said the High Court has repeatedly noted that an inquiry report without an action-taken report has no legal standing.

“For the past four years, we have been demanding that the report be made public and that an action-taken report be submitted,” he added.

Baruah also criticised the state government for rejecting the commission’s recommendation to cancel the entire 2013 Assam Civil Services examination, which the commission had described as being affected by “systemic corruption.”

“Instead of termination, the government opted for suspension, allowing the accused officers to draw 75 per cent salary and engage senior advocates,” he alleged.

Warning of serious consequences, Baruah said that setting aside the inquiry report would effectively bury what he described as Assam’s most notorious recruitment scam.

“If the report is quashed, responsibility will lie squarely with the policy decisions of the Sarma government,” he said, adding that public perception of the government’s stance on the APSC scam is becoming increasingly clear.