Express News Service
GUWAHATI: The Gauhati High Court likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of some accused to a possible 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 mentioned throughout a listening to on Thursday.
On May 21 this 12 months, some individuals, protesting towards the dying of a fish dealer, Safikul Islam, in
police custody, set hearth to the Batadrava police station in Nagaon and attacked the personnel. The
subsequent day, the police demolished the homes of the 5 accused utilizing bulldozers. The HC had registered
a case suo moto based mostly on a letter on the incident acquired from two attorneys.
“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 mentioned.
He mentioned even through the investigation of a really critical matter by an company, the bulldozing of a home
will not be offered below any legal legislation.
“…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 mentioned.
“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 informed the federal 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 mentioned.
“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 requested.
Insisting that process needs to be adopted, he mentioned in his restricted profession on the bar in Guwahati, he
had not come throughout any police officer utilizing 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 mentioned.
He ordered that the incident be put to the discover of the higher-ups within the Home Department, stating
that the DG of the police may not concentrate on it.
GUWAHATI: The Gauhati High Court likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of some accused to a possible Bollywood potboiler.
“In a lighter vein, I’ve not seen a Hindi film of that class. Send the story of the SP. Director
Rohit Shetty could make a movie on this,” Chief Justice RM Chhaya mentioned throughout a listening to on Thursday.
On May 21 this 12 months, some individuals, protesting towards the dying of a fish dealer, Safikul Islam, in
police custody, set hearth to the Batadrava police station in Nagaon and attacked the personnel. The
subsequent day, the police demolished the homes of the 5 accused utilizing bulldozers. The HC had registered
a case suo moto based mostly on a letter on the incident acquired from two attorneys.
“Nobody is secure. Under the guise of investigation, you pull down any individual’s home. Even Lord Macaulay
should not have considered it. It is a dent in legal legislation,” the Chief Justice mentioned.
He mentioned even through the investigation of a really critical matter by an company, the bulldozing of a home
will not be offered below any legal legislation.
“…as per the report of the SP, an intensive search, made by the police crew, required the usage of an
excavator to dig the home. But it requires permission. Tomorrow, you’ll say one thing is right here. So,
will you dig out my courtroom? How are you able to do it? You could also be anyone,” the CJ mentioned.
“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 present me from any legal jurisprudence that for investigating against the law, the police
with none order can uproot an individual by making use of a bulldozer,” the CJ informed the federal government counsel.
“He could also be an SP of any district. Even the DIG, the IG or the DG need to cross by way of the gamut of legislation.
Only as a result of they head the police division, they can’t break anyone’s home. Nobody can be secure in
this nation if that’s permitted,” the CJ mentioned.
“If tomorrow any individual forcefully enters the courtroom and sits within the courtroom, will the police
authorities take away his chair below the guise of investigation? You can prosecute him for no matter
offence he has dedicated. Who gave energy to the SP to bulldoze the home?” he requested.
Insisting that process needs to be adopted, he mentioned in his restricted profession on the bar in Guwahati, he
had not come throughout any police officer utilizing a bulldozer “by way of a search warrant”.
“Is it a gang warfare or police operation? One can perceive that this occurs in a gang warfare. The phrases
‘law’ and ‘order’ are used along with a function,” the CJ mentioned.
He ordered that the incident be put to the discover of the higher-ups within the Home Department, stating
that the DG of the police may not concentrate on it.
