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Gauhati HC directs Assam govt to file affidavit on eviction drive that claimed 2 lives
The court took the matter seriously and directed the state government to respond on its policy regarding evictions and rehabilitation. The court rejected the advocate general’s contention that the petition was politically motivated.
The Gauhati High Court on Thursday directed the Assam government to file a detailed affidavit on last month’s clashes during an eviction drive in Darrang district which claimed two lives and injured nearly 20 others including 11 policemen.
Acting on a PIL filed by Congress’s legislature party leader Debabrata Saikia and another suo motu petition, a bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia asked the government to file the affidavit within three weeks. The next date of hearing on the petition is November 3.
“The court took the matter seriously and directed the state government to respond on its policy regarding evictions and rehabilitation. The court rejected the advocate general’s contention that the petition was politically motivated since I am the Leader of Opposition in assembly,” petitioner Saikia said.
Appearing on behalf of the petitioner, advocate Chander Uday Singh sought compensation for those evicted and also an inquiry into the killing of the two civilians by the police.
On the other hand, advocate general Debajit Saikia mentioned that on September 23, the plan was to evict 125 families, but nearly 20,000 people including outsiders and with doubtful credentials gathered at the site and attacked the policemen, which in turn led to retaliatory action.
In his PIL, Saikia had sought court’s intervention on conducting mandatory social impact assessment and ensure that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is followed in the state.
The petition mentioned that those who were being evicted at Dholpur were from marginalized and socio-economically disadvantaged sections who were forced to migrate due to floods and erosions.
The eviction drive at Dholpur was carried out following a state government plan to start an ambitious agriculture project on nearly 77,000 ‘bighas’ of government land.
The petition, however, challenged the eviction stating that it was “arbitrary, violative of Articles 14 and 21 of the Constitution, violative of parts IX and IXA of the Constitution which requires democratization of economic and social planning, in contravention of Panchayat Act, 1994”.
It added that on September 23 there was use of “excessive, illegal and disproportionate force and firearms by police officials, allegedly in response to the protests against the eviction drive”.
The Assam government has already ordered a judicial inquiry on violent eviction drive at Dholpur 3 village on September 3 where clashes erupted while police were trying to forcibly remove settlers from government land. The deceased included a 12-year-old boy and a 33-year-old man.
A photographer engaged by the district administration, seen jumping on an injured civilian in a viral video, has been arrested. Three residents of the area have also been arrested for instigating violence during the drive.
