Assam government assures action against officials for bulldozing houses of accused in Batadrawa PS incident

The Assam government on January 4, 2023, assured that appropriate action will be taken against erring officials for demolishing houses of those accused of setting a police station in Nagaon district on fire.

Hearing a suo motu public interest litigation, a division bench comprising Chief Justice R M Chhaya and Justice Soumitra Saikia directed the state government to compensate people affected by the demolitions. 

"D Saikia, learned Advocate General, Assam states that a Committee consisting of the Chief Secretary is enquiring into the incidence of bulldozing of the house and appropriate action shall be taken even against the erring officers within a period of 15 days from today," said the order. 

The Court noted that 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". The order asked the government to submit a report of the steps before the high court in this proceeding. 

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Though the bench disposed of the PIL, it stated that the case can be revived "merely by filing a note". The Batadrava police station was set on fire on May 21 last year by an irate mob following the custodial death of a local fish trader, Safikul Islam (39), who was picked up by police the night before. A day later, district authorities bulldozed at least six houses, including those of Islam and his relatives, purportedly in search of weapons and drugs hidden beneath the structures. 

Earlier in November last year, the Chief Justice had pulled up the Assam government over its action and wondered if "tomorrow you need something, you will dig up my court room". 

The Gauhati High Court had then stressed that "bulldozing of a house is not provided under any criminal law" even if an agency is investigating a "very serious matter". The Chief Justice had further stated that incidents of such bulldozing of houses is done in movies, and even in those, the search warrant is shown before the act. Justice Chhaya had even equated bulldozing of the houses to an act in a "gang war" and asked the Home Department to find better ways of carrying out their investigation.