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Express News Service
GUWAHATI: The Gauhati High Court likened the action of the superintendent of police of Nagaon in Assam in a case of bulldozing of the houses of some accused to a potential Bollywood potboiler.“In a lighter vein, I have not seen a Hindi movie of that category. Send the story of the SP. DirectorRohit Shetty can make a film on this,” Chief Justice RM Chhaya said during a hearing on Thursday.On May 21 this year, some people, protesting against the death of a fish trader, Safikul Islam, inpolice custody, set fire to the Batadrava police station in Nagaon and attacked the personnel. Thenext day, the police demolished the houses of the five accused using bulldozers. The HC had registereda case suo moto based on a letter on the incident received from two lawyers.“Nobody is safe. Under the guise of investigation, you pull down somebody’s house. Even Lord Macaulaymust not have thought of it. It is a dent in criminal law,” the Chief Justice said.He said even during the investigation of a very serious matter by an agency, the bulldozing of a houseis not provided under any criminal law.“…as per the report of the SP, a thorough search, made by the police team, required the use of anexcavator to dig the house. But it requires permission. Tomorrow, you will say something is here. So,will you dig out my courtroom? How can you do it? You may be anybody,” the CJ said.“We are in a democratic set-up. What is recovered is one 9mm pistol. We don’t know if it was planted orrecovered. You show me from any criminal jurisprudence that for investigating a crime, the policewithout any order can uproot a person by applying a bulldozer,” the CJ told the government counsel.“He may be an SP of any district. Even the DIG, the IG or the DG have to pass through the gamut of law.Only because they head the police department, they cannot break anybody’s house. Nobody will be safe inthis country if that is permitted,” the CJ said.“If tomorrow somebody forcefully enters the courtroom and sits in the courtroom, will the policeauthorities remove his chair under the guise of investigation? You can prosecute him for whateveroffence he has committed. Who gave power to the SP to bulldoze the house?” he asked.Insisting that procedure has to be followed, he said in his limited career at the bar in Guwahati, hehad not come across any police officer using a bulldozer “by way of a search warrant”.“Is it a gang war or police operation? One can understand that this happens in a gang war. The words‘law’ and ‘order’ are used together with a purpose,” the CJ said.He ordered that the incident be put to the notice of the higher-ups in the Home Department, statingthat the DG of the police might not be aware of it.
GUWAHATI: The Gauhati High Court likened the action of the superintendent of police of Nagaon in Assam in a case of bulldozing of the houses of some accused to a potential Bollywood potboiler.
“In a lighter vein, I have not seen a Hindi movie of that category. Send the story of the SP. Director
Rohit Shetty can make a film on this,” Chief Justice RM Chhaya said during a hearing on Thursday.
On May 21 this year, some people, protesting against the death of a fish trader, Safikul Islam, in
police custody, set fire to the Batadrava police station in Nagaon and attacked the personnel. The
next day, the police demolished the houses of the five accused using bulldozers. The HC had registered
a case suo moto based on a letter on the incident received from two lawyers.
“Nobody is safe. Under the guise of investigation, you pull down somebody’s house. Even Lord Macaulay
must not have thought of it. It is a dent in criminal law,” the Chief Justice said.
He said even during the investigation of a very serious matter by an agency, the bulldozing of a house
is not provided under any criminal law.
“…as per the report of the SP, a thorough search, made by the police team, required the use of an
excavator to dig the house. But it requires permission. Tomorrow, you will say something is here. So,
will you dig out my courtroom? How can you do it? You may be anybody,” the CJ said.
“We are in a democratic set-up. What is recovered is one 9mm pistol. We don’t know if it was planted or
recovered. You show me from any criminal jurisprudence that for investigating a crime, the police
without any order can uproot a person by applying a bulldozer,” the CJ told the government counsel.
“He may be an SP of any district. Even the DIG, the IG or the DG have to pass through the gamut of law.
Only because they head the police department, they cannot break anybody’s house. Nobody will be safe in
this country if that is permitted,” the CJ said.
“If tomorrow somebody forcefully enters the courtroom and sits in the courtroom, will the police
authorities remove his chair under the guise of investigation? You can prosecute him for whatever
offence he has committed. Who gave power to the SP to bulldoze the house?” he asked.
Insisting that procedure has to be followed, he said in his limited career at the bar in Guwahati, he
had not come across any police officer using a bulldozer “by way of a search warrant”.
“Is it a gang war or police operation? One can understand that this happens in a gang war. The words
‘law’ and ‘order’ are used together with a purpose,” the CJ said.
He ordered that the incident be put to the notice of the higher-ups in the Home Department, stating
that the DG of the police might not be aware of it.
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