On Friday (5th April), Assam Chief Minister Himanta Biswa Sarma sent a legal notice to The Indian Express for publishing impugned defamatory news items against him regarding the alleged Sharada chit fund scam.
The legal notice was sent after Indian Express published a report titled: Since 2014, 25 Opposition leaders facing corruption probe crossed over to BJP, 23 of them got reprieve, on 4th April wherein it listed several political leaders from opposition parties, facing corruption cases who later joined the Bhartiya Janata Party. The report mentioned Himanta Biswa Sarma who joined the left the Congress party in 2015 to join the BJP.
“The cases against Assam Chief Minister Himanta Biswa Sarma and former Maharashtra Chief Minister Ashok Chavan are also stuck. Biswa faced CBI questioning and raids in 2014, in the Saradha chit fund scam, but the case against him has not moved since 2015 when he joined the BJP,” the IE report reads.
Taking objection to this, Himanta Biswa Sarma in his legal notice to Indian Express sent through his lawyer Rajib Borpujari said that CM Sarma’s name appeared on the CBI’s chargesheet in the Sarada Chit Fund Scam case as a witness. He added that Sarma’s name was never treated like an accused person in the case. Moreover, it says that the during CBI’s investigation into the alleged scam and filing of the chargesheet, Sarma was a member of the Congress party and he joined the BJP in August 2015. This, as per the notice, means that Sarma joined BJP after CBI completed its investigation and filed the chargesheet which mentions him as a witness not accused.
“My client states that, regarding the Sarada Chit Fund Scam case, my client would like to apprise you that in the said case charge-sheet was filed by CBI in Court in Kolkata, in the month of April, 2015, and my client’s name figured in the Charge-sheet as a witness. During investigation of the said case, CBI has recorded the statement of my client as a witness, and CBI never treated him, nor raised any allegation against him as an accused person. During investigation and filing of charge-sheet, wherein my client’s name figured as a witness, my client was an active member of Indian National Congress (hereinafter referred to as INC for short). After several months of filing of the charge-sheet, wherein my client was shown as a witness, my client had joined Bharatiya Janata Party (hereinafter referred to as BJP for short) in the month of August, 2015,” the notice reads.
My advocate has sent a legal notice to @IndianExpress yesterday in light of recent events. pic.twitter.com/fVlxB3gpCr
— Himanta Biswa Sarma (Modi Ka Parivar) (@himantabiswa) April 5, 2024
“Thus, it is clear from the factual position based on records that during the tenure of my client in INC, CBI had investigated the aforesaid case and completed investigation of the same and filed charge-sheet during which point of time my client was either a Minister/MLA/Active Member of INC and he was not in the house of BJP. It is reiterated that much before my client’s joining in BJP in the month of August, 2015, CBI had investigated the aforesaid case and filed charge- sheet therein, and hence, it is absolutely clear from all relevant records that my client had never got any benefit during the investigation of the aforesaid Sarada Chit Fund Scam case by joining in BJP,” it added.
Other than the Sarada Chit Fund Scam, the IE report mentions the Louis Berger case involving alleged bribes for water projects in Goa. “His [Himanta Biswa Sarma] name had figured in the Louis Berger case linked to alleged bribes paid for water project contracts in Goa, but there has been no development,” the Indian Express report says.
Regarding this, the legal notice sent by CM Sarma states that Sarma, in this case, was neither accused of involvement, nor was called by any probe agency as a witness before or after joining the BJP.
“My client states that, regarding the Louis Berger case, my client would like to apprise you that there was never any occasion on the part of any investigating agency, either to allege any involvement of my client in the said case, or to treat him as an accused person, or to call him as an witness, or in any other manner at any point of time, whether he was in INC or in BJP,” the notice reads.
Sarma accused India Express of publishing the said “impugned, defamatory” news item “maliciously” and with “ulterior motive”. He asserted that the publication acted on basis of surmises and conjectures.
“…as evident from the aforesaid facts and circumstances, you are hereby informed that you have maliciously and with ulterior motive published the aforesaid impugned defamatory News Items, with the sinister design to defame my client, without proper verification of the actual facts. In fact, by publishing the said impugned defamatory News Items you have acted on the basis of surmises and conjectures. You are once again apprised that in neither of the aforesaid cases my client was involved, nor any investigating agency at any point of time raised any finger against my client, either as an accused person and/or in any other manner,” the notice states.
Clarifying the reasons behind joining the BJP, Sarma said that his decision to leave the Congress party and join the BJP was due to the political differences with the then Assam CM Tarun Gogoi, Congress leader Rahul Gandhi and party high command. In addition, Sarma decided to quit Congress over ideological differences. Sarma stated that he left Congress of his own volition and joined the BJP, “which has nothing to do with the aforesaid cases.”
The notice further states that IE’s news item lacked material evidence and was meant to “defame” Sarma as well as “adversely affect his political image”. Sarma also alleged that the news item in question has caused “substantial damage” to his reputation and affected his political career.
“…it abundantly clear that you have deliberately published the aforesaid impugned defamatory News Items, without any material evidence, for the only purpose to defame my client, not only before his family members, friends, well-wishers, followers and colleagues and most importantly before the society at large, in order to adversely affect his political image. In fact, my client genuinely believes that the said impugned defamatory News Items have been planted by a certain vested interest circle to propagate their own political agenda,” it said.
