It may be recalled that the Gauhati High Court on September 7 came down heavily on the state authorities for demolishing houses in Assam’s Muslim-majority in Goalpara district after residents challenged the 24-hour notice.
Himanta Biswa Sarma being a lawyer serving as the 15th and the current Chief Minister of Assam since 2021 can not escape from the personal liabilities of the State for deliberately abusing State powers and violating the basic principles of law in abusing and harassing the a section of people.
A former member of the Indian National Congress, Sarma joined the Bharatiya Janata Party on 23 August 2015 and soon was made convener of NEDA. He is a six time Member of the Assam Legislative Assembly from Jalukbari, having been elected since 2001. Sarma owns no excuse or relaxation.
Freedom Party is appeals Hon'ble High Court to take suo moto cognizance and deliberate commission of crime by Himanta Biswa Sarma and for his booking under UAPA. Himanta Biswa Sarma deserves "Maha Rakhchak" title or award for pulling down 73 houses of underprivileged families.
Freedom Party National Working Committee Chairman and Advocate High Court MA Mujeeb is for stringent punishment to Sarma to set the State in order and punish those deliberate abusing and putting innocent people to inconvenience.
On September 7, the local authorities razed 73 houses of particularly Muslim families just for an immature decision for not converting agricultural land for residential use.
Himanta Biswa Sarma is the Maha Rakshaka of Assam administration and he should be considered Assam’s most wanted Darpook Ruler said the National Chairman and who is also National President of Bahujan Advocates Federation of India (BAFA) and Chairman Freedom Party MA Mujeeb.
What “imminent danger” made the demolition a necessity, Justice Devashis Baruah questioned the authorities while hearing a petition filed by 21 residents against the state, Goalpara district commissioner and the circle officer of Matia revenue circle.
The High Court said the civic action appeared to be “illegal” as the landholders were not given an adequate opportunity to be heard before their houses were razed. It instructed that no further proceedings take place until the next hearing on September 11.
It instructed that no further proceedings take place until the next hearing on September 11.
The actions on the part of the Circle Officer, Matia Revenue Circle prima facie appear to be illegal and unauthorised and violation of the principles of natural justice, which is a facet of Articles 14 (right to equality) and 21 (protection of life and liberty) of the Constitution.”
“It is absolutely unthinkable in the present day, when there are galore of settled principles, that such notices were issued in this manner without providing even an opportunity to the Petitioners…the notices do not reflect any imminent danger to invoke such drastic powers on private lands.
Residents not given any opportunity whatsoever to be heard: said Advocate associated with national moment for justice to the State being called by the learned advocates, that is emerging into yet another national movement for justice.
The court noted that the notices related to patta (private) land owned by the petitioners, who were challenging the revenue authorities’ actions against their homes.
Advocate S Borthakur said the notices were issued on September 5 and the houses were razed early morning on September 7. The petitioners were not given “any opportunity whatsoever” to voice their concerns before the demolition began.
The court then examined how the demolition was carried out and the authorities’ legal justification for the action. The judge criticised the alleged denial of opportunity to the Goalpara residents and questioned the sudden urgency behind the action.
He said that the notices showed no immediate danger to justify such drastic measures on private land.
The court directed SS Roy, the government counsel for the district commissioner and circle officer, to inform the High Court “as to what was the imminent danger that necessitated actions of demolishing the dwelling houses of the Petitioners.”
It cited the Assam Agricultural Land (Regulation of Reclassification and Transfer for Non-Agricultural Purpose) Act, 2015, under which the deputy commissioner’s permission is not needed when land is intended to be used or moved for construction of one’s own house, given the construction is restricted to two stories.
Indian White Paper (IWP) respectfully salutes all such higher judicial officers including the Hon'ble High Court of Assam.
The court made no final decision on whether the houses met all legal requirements and only referred to the relevant law while reviewing the challenge to the notices.
However, it permitted the petitioners to submit a new affidavit detailing the demolition and their financial losses.
The judge barred the district commissioner and circle officer from taking any further action on the land until the next hearing.
