GUWAHATI: The Criminal Investigation Department (CID) of Assam has filed a chargesheet in the Landmark Hotel Case, which was registered under Paltan Bazar Police Station Case No. 146/2022, on July 15.
The case was initially filed based on a complaint lodged by the Secretary of the Board of Sports of Assam (BSA) with the Paltan Bazar Police Station.
It was later transferred to CID Assam on June 16, 2022.
The Landmark Hotel Case revolves around the lease of the Radha Gobinda Barua Guest House (RGBGH) situated in the sports complex at Ulubari, Guwahati.
In the year 2000, the Assam Cabinet, through a decision, approved the leasing of the guest house to a private entity.
The reason behind this decision was the inability of the BSA to manage the property effectively.
The cabinet had granted a 20-year lease for the prime property.
The lease was awarded to Barua & Company Pvt Ltd, with Dipankar Barua serving as the Director.
The agreement was supposed to be signed between the then Secretary of BSA and the private party.
However, investigations have revealed that the lease deed, signed by the then Secretary Nityananda Barkakoty (now retired), deviated from the approved 20-year lease term.
Nityananda Barkakoty, in collusion with Dipankar Barua, abused his official position and included a clause allowing the lessee to extend the lease for an additional 20 years under the same terms and conditions.
Moreover, the lease agreement contained clauses stating that any renovations carried out by the lessee would be reimbursed by the government at current market rates if the property was to be taken back.
These additional clauses went beyond the scope of the approved cabinet decision.
Furthermore, Nityananda Barkakoty signed a rectification deed that allowed the lessee to mortgage the land and building for obtaining loans, even though no such approval was given by the cabinet.
Dipankar Barua used this rectification deed to mortgage the property and secure loans from various banks, amounting to crores of rupees over time.
These funds were diverted to establish new businesses, even after the refurbished RGBGH was opened as the Landmark Hotel in 2002. Presently, there is an outstanding amount of ₹2.5 crore at Axis Bank.
Disturbingly, Nityananda Barkakoty failed to retain any office records, and all the files related to this matter have gone missing from the BSA office.
The CID conducted a meticulous investigation into this 23-year-old case, tracing old cabinet notes and relevant records from various departments such as the Cabinet Cell, Assembly, Home, Sports, and Youth Affairs.
They also obtained information from banks and examined officials who were involved at the time.
The investigation successfully proved the case against the accused individuals.
Considering that Nityananda Barkakoty abused his official position and engaged in criminal misconduct that acted against public interest while
favouring a private party, charges were filed against him under Section 13(2) read with 13(1)(d)(i) & (ii) of the Prevention of Corruption Act 1988.
The case was transferred from the CJM Court to the Special Court due to the severity of the offences.
After completing the investigation, the CID obtained prosecution sanctions under Section 197 of the CrPC (Criminal Procedure Code) and Section 19(1)(b) of the Prevention of Corruption Act 1988 to prosecute Nityananda Barkakoty.
A chargesheet was filed against him, along with Dipankar Barua, Director of Barua and Company Pvt. Ltd., and the company itself.
The chargesheet includes 138 documents and a list of 57 witnesses.
The accused individuals face charges under various sections of the Indian Penal Code (IPC), including criminal conspiracy, breach of trust, cheating, destruction of evidence, generating false reports, and criminal misconduct.
The Landmark Hotel Case has caused significant concern in Assam, with many hoping for a fair and swift trial to ensure justice prevails.
The Special Court in Guwahati will now proceed with the legal proceedings against the accused parties, marking a crucial step in the pursuit of accountability and transparency in the state.