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The Supreme Court on Wednesday stayed an order of the Guwahati High Court allowing relief from arrest to an absconding accused who allegedly acted as a tout and collected money in the infamous Assam Public Service Commission's (APSC) "Cash for Jobs" scam.

A bench of the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli issued notice in the plea filed by the state of Assam while staying the operation of the impugned High Court judgment.

The Assam Government has challenged the Guwahati High Court order stating that the Mofidul Islam played fraud upon the High Court by making false and incorrect averments in his petition.

Senior Addition Advocate General Nalin Kohli on the other hand, argued that it is settled law that the High Courts as a matter of practice do not grant the relief of anticipatory bail to an absconding accused while exercising their inherent jurisdiction under Section 482 of the CrPC. There was also an apprehension that other absconding accused may seek to rely on the impugned High Court judgment and seek similar relief.

The matter pertains to the alleged enormous fraud wherein a number of persons participated and became beneficiaries in the fraud for securing public appointments in the state of Assam in exchange of illegal gratification and other benefits.

The state has alleged that Mofidul Islam used to collect money from the prospective candidates who appeared in the APSC examination.

The state has further stated that there are statements of the arrested candidates and the officials corroborating the involvement and the active role played by Islam in running the entire racket of illegal appointments in APSC examination.

The AoR & Standing Counsel of the State Shuvodeep Roy and Advocate Ankit Roy assisted Kohli in the matter.

Cause Title: State of Assam vs Mofibul Islam