Decided on March 13,2018

Sreekanta Dev Sarma Appellant
Bhola Kakati And 2 Ors Respondents


Rumi Kumari Phukan, J. - (1.) Both the matters being related to same subject matter, taken up together and disposed of by this common order.
(2.) The two followers of Vaishnovism (Bhakat) namely, Jugal Hazarika and Bhula Kakati, residents of Jorhat, inspired by their Paramguru Srimanta Shankardev felt highly aggrieved and insulted for publication of two books, by Sri Sree-Kanta Devo Sarma namely, 'Sankar Birochit Kirtan Dharmaputhy Hoyne' and the 'Sankar Bibhrant'. According to them, the said book has been published in order to hurt the feeling of crores of people of Assam and it is ill motivated and ill minded which itself is an insult to the highly esteemed religious scripture of Assamese People. feeling aggrieved and throbbed by insult on the Paramguru Srimanta Shankardev for the objectionable words, language, expression in the books authored by said Sree Kanta Devo Sarma, both the persons named above lodged two complaints on the same subject matter before the Court of Chief Judicial Magistrate, Jorhat, Assam and on the basis of which C.R.Case No. 233/2014 U/S 295/ 295A/ 500/ 500B IPC was registered in the Court of Judicial Magistrate, 1st Class, Jorhat and another C.R.Case No.42/2014 under same section of law registered in the Court of SDJM, Titabor.
(3.) In both the cases the said accused person Sree Kanta Devo Sarma entered his appearance and released on bail. Subsequent thereto the present two applications have been preferred for transferring the said case from the Court of Jorhat to the Court of Kamrup, Guwahati on the twin grounds that the petitioner being an old aged person about 79 years is suffering from various ailments is unable to attend Court at Jorhat, he being a resident of Guwahati. The next ground for making such transfer prayer is that for proper adjudication of the matter various persons residing in and around Guwahati will be required to examine various persons as witnesses who have expert knowledge and experience in Assamese Literature, Research Scholars etc. for their valuable interpretation towards his write up in the book. According to him the said book was written on the basis of his studies on different books and there is no any personal comment or surmises of the petitioner in the said two books nor he has any intention to hurt the sentiment of any person or community and however he is ready to beg apology to all concerned.;

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