Compensate persons affected by illegal bulldozing of houses by police: Gauhati High Court closes suo motu case

The Gauhati High Court on Tuesday directed the Assam government to ensure that persons affected by illegal bulldozing of houses on police orders are adequately compensated [X v. State]..During the hearing, counsel for the State assured the Court that a committee headed by the Chief Secretary was inquiring into the incident and that appropriate action would be taken against the officers responsible for the illegal bulldozing within a period of fifteen days. While closing the suo motu case, a Bench of Chief Justice RM Chhaya and Justice Soumitra Saika noted,"Upon such assurance and in view of the fact that the State is now seized of the matter, it is expected that the State shall also take appropriate decision for compensating the persons affected by the illegal action of the officer. Report of the same shall be produced before this Court in this proceeding.".In November last year, the High Court had voiced strong concerns over the trend of bulldozing houses of accused persons under the guise of investigation.The Court had then taken suo motu cognizance of such action initiated by a Superintendent of Police (SP) as a result of which the houses of five men accused of torching a police station were razed."You (State) show us any criminal law that for investigating a crime, the police without any order, can uproot a person apply a bulldozer," Chief Justice Chhaya had sought to know from the government counsel, who had submitted a report by the SP who had carried out the action.Reportedly, the SP had ordered bulldozing the houses of five Muslim men accused of setting the Batadrava police station in Nagaon district on fire, after a villager died in police custody..The Bench had expressed 'utter shock' over the methods of the police."This (action) is unheard of, at least with my limited career. I have not come across a police officer using bulldozer by way of a search warrant," the Court had remarked.The Chief Justice had further said that the police cannot uproot someone from their house under the guise of an investigation."Tomorrow if someone enters this courtroom forcefully, will you take that person out or will you start digging and uproot the chair on which he is sitting? This method is unheard of Mr. counsel," the Court had observed..In a lighter vein, the Court had also said such situations are seen only in Bollywood films."In lighter vein, we haven't seen this even in Hindi films. Give the story of your SP to film director Rohit Shetty, he might make a good film on him," the Chief Justice had said.The Court had even compared the action of the police to that of a gang."Is it a gang war or a police operation? One can understand if it is a gang war that one person uproots the house of the other person, but such a police operation, we haven't seen," the Court had observed..Advocate General for Assam Debojit Saikia appeared for the State government along with Advocate D Nath. Advocate HK Das represented the High Court..[Read Order]

Compensate persons affected by illegal bulldozing of houses by police: Gauhati High Court closes suo motu case

Ratna Singh

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