Plea seeking contempt action against state in Assam demolitions to be heard by SC
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New Delhi: The Supreme Court agreed on Thursday to hear a contempt petition against Assam government officials for allegedly violating top court directions during a demolition operation in Goalpara district.
A bench of Chief Justice B R Gavai and Justice K Vinod Chandran issued a notice to the Assam chief secretary and others to respond within two weeks.
The plea alleged that mass eviction and demolition drives in June affected over 667 families. The petition, filed by eight residents of Goalpara district, said the demolition exercise was carried out without granting a personal hearing and providing adequate time for appeal or judicial review, PTI reported.
"Apart from that, the eviction and demolition exercise predominantly targeted a minority community, leaving out similarly placed persons from the majority community untouched, thereby constituting discriminatory implementation and carrying out of the eviction drive by the authorities concerned...," the plea, filed through advocate Adeel Ahmed, said.
Senior advocate Sanjay Hegde, representing the petitioners, said a notice of only two days was given and the demolition was carried out immediately thereafter.
"Why don't you go to the high court?" the CJI asked.
Hegde said several persons moved the high court and the plea there was also about rehabilitation. He said even encroachers were entitled to due process of law. "These are 667 poor families who have been there on that land for 60-70 years," Hegde said.
The Brahmaputra changes courses from time to time and people have to move to higher grounds, he added.
"We want to issue notice but if the government comes with a defence that it is a government land, then we have already said that our order will not be applicable to land which are owned by the government, any encroachment on the streets, public place, abutting rivers and abutting water bodies," the bench cautioned.
An earthmover during an eviction drive carried out by the district administration in Nagaon district, Assam.
