"Police Cannot Wreck Anyone's House" : Gauhati HC Slams "Bulldozer Action" Against Accused; Says Criminal Law Procedure Doesn't Allow It
The Court asked if it was gang war or police operation and commented it has never seen such a thing even in movies.
In a hearing on Thursday in connection with the incident where bulldozers were used to uproot houses of some accused persons, the Gauhati High Court expressed its anguish over the act of the Superintendent of Police in flouting the procedure.
A division bench led by Chief Justice R. M. Chhaya pointing to the act of the SP, said: "Show me from any criminal jurisprudence that for investigating a crime, the police without any order, can uproot a person and apply a bulldozer."
Rapping the authorities, the bench orally remarked : "For this you require permission. You may be the SP of any district. Even IG, DIG, or whoever may be the highest authority has to pass through the gamut of law. Only because they head the police department they cannot wreck anybody's house. Nobody is safe in this country then if that is permitted."
"Procedure has to be followed. One authority is throwing burden on another authority. Who will represent the SP? What is your answer? Which law permits to do this? Without prior permission of the Court, you can't even have a search of somebody's house," the Chief Justice stated.
The Counsel stated that for searching, permission was taken.
"With my limited career here in bar, I have not come across any police officer using bulldozer by way of a search warrant," added Chief Justice Chayya.
The Court then expressed how similar this appeared to a Hindi movie which has gangs fighting against each other.
"In lighter vein, I have not seen this even in a Hindi movie of Shetty. Send this story of your SP. Rohit Shetty can make a film on this. What is this? Is this a gang war or a police operation? One can understand that in a gang war this happens that one person of one gang uproots the house with a bulldozer."
The Counsel expressed that this was not the intention, to which Chief Justice responded by saying that "Intention may be anything. Ask your SP to find out a way out for this."
"Law and order – both these words are used together with a purpose. We are in a democratic set up. That is enough to be told to you. Your DG may not be knowing also about this. Put this to the notice of higher-ups. SP will stick to his report to save his skin," said the Chief Justice.
The Court again expressed its dismay over the lack of procedure and permission.
"Tomorrow if somebody forcefully enters the courtroom and sits in the courtroom, even your police authorities will remove these chairs under the guise of investigation? What type of investigation you are doing?"
"… I forgot the name of the movie … Ajay Devgn's. For that also he had to show the order. You should have waited for the magistrate. You have to apply for that. This is not the manner in which you control the law and order. You please put it to the notice of the higher ups in the Home Department. You can prosecute a person for whatever offences he has committed, but who gave the power to your SP to bulldoze the house," added the Chief Justice.
The bench, also comprising Justice Soumitra Saikia, was hearing a suo motu case taken by it in relation to the bulldozing of the houses of five men in Nagaon district who were accused of setting fire to the Batadrava Police Station in May this year.
At the request of the Senior Govt Advocate seeking time to get instructions, the Court adjourned the further hearing in the matter to December 13.
Case : In Re State of Assam and others, PIL(Suo Moto)/3/2022
Live-stream of the hearing given here (watch from around 1:12:40 mark) :