GAUHATI HIGH COURT DIRECTED THE STATE OF ASSAM TO FILE AN AFFIDAVIT ON THE RECENT EVICTIONS AT DARRANG DISTRICT

The Gauhati High Court directed the State of Assam to file an affidavit within three weeks on the recent evictions at Darrang District, which resulted in clashes between security forces and occupants including, a gruesome video that showed a photographer stomping violently on the body of a man. 

A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Sakia commented, "Khoon Zameen pe ghir Gaya". 

Debabrata Saikia filed the bench hearing public interest litigation, Leader of the Opposition in Assam assembly and a suo motu taken up by the Court. The matter came up before the bench after two innocents were killed in police firing and 20 injured during an eviction drive at Sipajhar in Darrang district. The two deceased persons were identified to be a 12-year-old boy and a 33-year-old man. The 12-year-old boy was shot on his way back from a local post office. The 33-year-old, from the video, was the sole earner of his family, and his killing is contended to be an extrajudicial killing. 

The Congress leader Saika also filed a PIL on the matter through Advocates. The Petitioner submitted the evicted people were from marginalised and socioeconomically disadvantaged sections and were forced to migrate due to floods and erosion around the Brahmaputra river. The State strived to justify the evictions by stating that the cabinet gave force to the State's proposal of clearing 77,000 bighas in Sipajhar for setting up an Agro farm. This decision was challenged on the grounds that it is arbitrary, violative of Articles 14 and 21 in this past.

The death of the two innocents on 23rd September was a result of "excessive illegal and disproportionate force and firearms by police". They actively aided the actions of a photographer who was seen violently dishonouring Hoque's lifeless body. It is evident from the video that Hoque was already killed by the police, but his lifeless body was still shot on the ground. The Petitioner requested to direct the CID inquiry into the matter. 

Advocate General Debojit Saikia argued that the evicted persons were not legal occupants and lacked legal documents to show their rights to the land. "What wrong has the government done in evicting illegal migrants," he asked?

The matter will be heard on November 3, 2021.

Author: Papiha Ghoshal