Gauhati HC Pulls Up Assam Police for Demolishing Batadrava PS Arsonists' Houses
Gauhati High Court Chief Justice R.M Chhaya sharply reacted to the incident, saying there was no need for demolition of the houses in the name of 'investigation'. The criminal law of India does not offer any such authority to legal agency, he said..
GUWAHATI : The Gauhati High Court rebuked Assam Police for bulldozing five houses in Nagaon on 22nd May 2022, without legal sanction. These houses belonged to five families allegedly involved in the arson of Batadrava Police Station.
After being informed about the demolition of five houses of five families for allegedly setting the Batadrava police station on fire, Gauhati High Court Chief Justice R.M Chhaya sharply reacted to the incident. He said, there was no need for demolition of the houses in the name of 'investigation'. The criminal law of India does not offer any such authority to legal agency.
Chief Justice Chhaya also said that, even during the investigation of a trivial matter by the police, permission is a necessity before using bulldozers and excavators in a house. "Will you dig up my courtroom in the name of investigation? It seem nobody in this country is safe", added the Chief Justice.
India being a democratic country, does not allow the police to knock down somebody's house without a legal warrant. "Even Lord Macaulay would not have thought of it" said Chhaya. He continues by giving example of Bollywood movies who at least acts careful with warrants before demolitions.
Bulldozing as a punishment without any warning is never accepted. It happens only in Rohit Shetty movies, and the story should be sent to the director for his next movie, said RM Chhaya.
Leena Doley was the SP of Nagaon district when the demolition took place. The police undertook the decision within less than 24 hours after an agitated mob set the Batadrava police station on fire.
The main cause of the attack was that, a 38-year-old fish seller named Safikul Islam died in the police custody for refusing to bribe the police. According to Leena Doley, Safikul was brought to the custody on Saturday night, after they got a complaint from the locals of him lying drunk in the road.
She further mentioned that, the deceased's family members came to the custody to meet him. He fell sick after having the food and was taken to the hospital but couldn't be saved. GP Singh, the additional DGP justified the demolition by saying that the attackers have built their houses by illegally acquiring government land with the help of false documents.