Gauhati High Court strict on bulldozer culture, asked Assam government - which law gives permission?

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 News Desk:
 Assam Police Bulldozer Action Against Accused: The Gauhati High Court of Assam has sought response from the State Government (Assam Govt) taking suo moto cognizance on a case of bulldozer action on the houses of the accused.  The court has asked the state government under which law such bulldozer action was taken?
    On Thursday (November 17), Gauhati High Court Chief Justice RM Chhaya and Justice Soumitra Saikia sought a response from the state government regarding the bulldozer action taken by the Superintendent of Police on the houses of the five accused.  The accused whose houses were bulldozed are accused of setting fire to a police station.
    According to the report of the news portal Bar and Bench, the state government's lawyer submitted a report to the court regarding the action taken by the SP.  On this, the court told the government's counsel, "You (the state government) show us any criminal law, under which the police can uproot a person with a bulldozer without any order while investigating a crime."  The lawyer tried to clarify that this action was not to uproot any person.
    The Chief Justice quipped, “He may be an SP but your higher officials also need to go through the ambit of the law.  He is the head of the police department, just because he cannot break into someone's house.  No one is safe in this country if this kind of action is allowed."
    The SP had allegedly ordered bulldozers to run at the house of five Muslim accused, who are accused of setting fire to the Batadrava police station in Nagaon district.  In this incident, a villager died in police custody.  During the hearing, the bench asked whether any permission was taken before this action.  On this, the lawyer told that permission was sought to search the house.  The bench expressed extreme surprise at the manner of police action.  The Chief Justice remarked, “At least in my limited career, I have not heard such a case.  I have not seen any police officer driving a bulldozer as a search warrant."
    The Chief Justice further said that the police cannot uproot someone from his house only under the guise of investigation.  The bench said, “Tomorrow if someone forcibly enters this courtroom, will you drive him out or will you start uprooting the chair he is sitting on?  Haven't heard of such a case."
    

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