The Gauhati High Court has stressed that "bulldozing of a house is not provided under any criminal law", even if an agency is investigating a "very serious matter".
HC took suo motu cognisanceÂ
Chief Justice RM Chhaya made the observation on Thursday, while hearing a suo motu case taken up by the high court regarding demolition of the house of an accused in Batadrava Police Station arson case in Nagaon district of Assam.
The Batadrava Police Station was set on fire on May 21 by an irate mob following the alleged custodial death of a local fish trader, Safikul Islam (39), who was picked up by police the night before.
A day later, the district authorities had bulldozed at least six houses, including Islam바카라™s, purportedly in search of weapons and drugs hidden beneath the structures.
바카라˜We are in a democratic set-up바카라™
"Even if a very serious matter is being investigated by an agency, bulldozing of a house is not provided under any criminal law," Justice Chhaya observed.
Emphasising that it requires permission to even search a house, he said, "Tomorrow if you need something, you will dig up my court room. "How can you do it? You can be anybody. Nobody is safe바카라¦ under guise of investigation if you pull down anybody바카라™s house," the chief justice added.
He pointed out that a search warrant is required, adding, "We are in a democratic set-up". "In a lighter vein, even Lord Macaulay could not have thought of it and he is a giant on criminal law," he said.
Maintain law and order: Chief Justice
Pointing out that one 0.9 mm pistol was recovered by demolishing the house, as submitted in the government affidavit, Chief Justice Chayya also raised apprehension that it could have been planted also.
He maintained that incidents of such bulldozing of houses are done in movies, and even in those, the search warrant is shown before the act. The chief justice equated the bulldozing of the houses to an act in a 바카라˜gang war바카라™ and asked the Home department to find better ways of carrying out their investigation.
"There is a purpose why 바카라˜law and order바카라™ words are used together바카라¦this is not the manner in which law and order is controlled," he added.
The court later listed the matter for December 12.
(With inputs from PTI)
