Gauhati High Court grants bail to ACS officer Nupur Borah, cites procedural flaws in arrest
Guwahati: The Gauhati High Court has granted bail to Assam Civil Service (ACS) officer Nupur Borah, ruling that the late-night arrest by the Chief Minister’s Vigilance Cell involved significant procedural lapses, particularly concerning the arrest of a woman.
The court's intervention comes in connection with CM Vigilance Case No. 25/2025, which accuses Borah of misconduct and corruption. Borah, who was serving as the Circle Officer of Goroimari Revenue Circle in Kamrup district, was arrested on September 15 in a disproportionate assets case.
According to reports, the Vigilance Cell took Borah into custody around 8:00 pm without obtaining the necessary prior judicial approval.
The High Court deemed this move legally impermissible for a woman's arrest without a First-Class Magistrate's permission, as purportedly required under Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
During the bail hearing, the court noted that the government counsel failed to effectively counter the defense's arguments regarding these procedural violations.
Commenting on the ruling, Advocate Bijan Mahajan highlighted the impact of the procedural error on the case: "Due to a mistake by the police, the controversial ACS officer Nupur Borah was granted bail. In court, the government lawyer was unable to counter the arguments presented by Borah’s advocate. She had been arrested at night, which is legally unacceptable in the case of a woman."
Borah's arrest is linked to allegations of engaging in corrupt practices involving land transfers during her previous tenure as Circle Officer in the Barpeta district. Following her arrest, authorities conducted a search of her Gotanagar residence in Guwahati, where they reportedly seized significant assets: Cash amounting to Rs 92.50 lakhs and a large quantity of gold and diamond jewellery.
The High Court’s ruling, which highlighted serious police procedural errors, has now raised crucial questions about adherence to arrest protocols and due process in high-profile vigilance operations across the state.