Assam Government Pays Compensation for Homes Demolished in Nagaon

In a significant development reported from Assam, the state government has compensated individuals whose homes were demolished in the wake of protests following a custodial death. This move comes as a response to the events that unfolded in Nagaon district, where a police station was set ablaze by protestors reacting to the death of Safikul Islam, a local fish trader. The Gauhati High Court was informed about the compensation during a hearing related to a public interest litigation case.

The Assam government disclosed to the Gauhati High Court that it has disbursed Rs 30 lakh in compensation to five out of six affected families. The payments were made as part of the state's response to the destruction caused in May 2022. Specifically, two families whose 'pucca' (permanent) houses were demolished received Rs 10 lakh each, while owners of five 'kutcha' (temporary) dwellings were compensated with Rs 2.5 lakh each. The beneficiaries include Inamul Haque, Hifjur Rahman, Mojibur Rahman, Rafiqul Islam, and Akkas Ali. However, compensation for Safiqul Islam's legal heir is pending due to the absence of a legal heir certificate.

Background of the Incident

The incident that led to these actions occurred on May 21, 2022, when Batadrava police station was torched by a mob protesting against the alleged custodial death of Safikul Islam. In the aftermath, district authorities razed seven houses belonging to Safiqul and his relatives under the pretext of searching for concealed weapons and narcotics. This drastic measure drew severe criticism from various quarters, including the judiciary.

Judicial Scrutiny and Remarks

In November 2022, then Chief Justice R.M. Chhaya criticized the Assam government's approach, questioning the legality and morality of demolishing homes under the guise of investigation. He highlighted that such actions are not supported by any criminal law and likened them to scenarios depicted in movies where at least a search warrant is presented before any demolition. Justice Chhaya's remarks underscored the need for law enforcement to adopt more judicious methods in their investigations.

Government's Response and Court Directions

Following judicial intervention, in January 2023, the Assam government pledged to take appropriate actions against officials responsible for the unwarranted demolition of properties. The Gauhati High Court subsequently directed the state to compensate those affected by these actions. This directive aimed at providing relief to the victims and ensuring accountability for the overreach by authorities.

This case highlights critical issues regarding law enforcement practices and respect for legal frameworks in handling investigations. The Assam government's compliance with court orders to compensate affected families marks an important step towards addressing grievances and ensuring justice for those wronged by administrative actions.