HC pulls up police for razing accused’s houses

GUWAHATI: The Gauhati high court has pulled up Assam Police for demolishing the houses of five people accused of burning a police station, saying that even in films, police follow procedure before taking action.

Police in Nagaon district had demolished the homes of five Muslims on May 22, less than 24 hours after an irate mob torched the Batadrava police station on fire over the alleged custodial death of fish seller Safikul Islam.

Hearing a suo motu PIL on Thursday in connection with the demolitions, the court took a strong stand against the police proceeding without orders.

“Show me from any criminal jurisprudence that for investigating a crime, the police, without any order, can apply a bulldozer. The SP [Superintendent of Police] requires permission to dig up or bulldoze a house. Only because they head the police department, they can’t break anybody’s house,” said chief justice RM Chhaya.

Leena Doley was the SP of Nagaon at the time. While it was alleged that Islam was tortured to death for refusing to pay bribes, the police maintained that he was picked up in a drunken state and released later.

Responding to government counsel D Nath’s submission that drugs and other contraband were found from the razed houses, the chief justice said that even in such cases, police need to approach the magistrate and take permission before demolishing someone’s house.

“Nobody is safe in this country if that [unauthorised demolitions] is permitted... Which law permits you to do this? Without prior permission of the court, you can’t even search somebody’s house. It is unheard of.”

“Even in films, they show the order first... Is this a gang war or a police operation?” he said.

“Tomorrow, if someone enters the courtroom and sits here, your police authorities will remove the chairs under the guise of investigation...”

The matter came up for hearing on Friday as well and was adjourned till December 13.

Which law permits you to do this? .... Even in films, they show the order first. Is this a gang war or a police operation? RM CHHAYA, Gauhati high court chief justice