Assam Rights Panel Seeks Government Status Of Inquiry Into Violent Eviction

The Assam Human Rights Commission (AHRC) has asked for a clarification from the state Home department if a Commission of Inquiry has already been set into the eviction drives in central Assam, days after videos emerged of a man being thrashed and shot to death during a brutal clash between the police and people protesting eviction.

The clarification was sought by the Commission as it finds "a prima facie case of violation of human rights" appears to exist to take "cognizance of the matter for enquiry".

"Before taking cognizance it would be expedient to ask the Home Department to inform whether a Commission under the Commission of Enquiry Act, 1952 has been instituted to enquire into the incident that took place recently at Garukhuti, Dholpur in Darrang district, so that the next course of action can be initiated from the end of the Commission," the letter addressing the Principal Secretary of Assam Home and Political Department said.

The commission was moved by the leader of the opposition in Assam Assembly, Debabrata Saikia, through a letter on September 25 urging to "take suo-motu cognizance of gross violations of human rights and fundamental rights as well as UN guidelines by the government while evicting people in some areas of the state, especially in Darrang district recently."

"An enquiry by an independent body may be constituted under the Chairmanship of retired Supreme Court Judge and this Commission may monitor the same. Besides that compensation package may be granted to those killed as well as injured in the incident. Moreover, a comprehensive compensation package may be granted for rehabilitation of all those people who are evicted illegally by the authority by not following the principle of natural justice and due process of law," Mr Saikia mentioned in his letter to the AHRC on September 25.

The Commission in its letter to the Principal Secretary of Home and Political Department asked, "whether a Commission under the Commission of Enquiry Act, 1952 has been instituted to enquire into the incident that took place recently at Garukhuti, Dholpur while evicting people in some areas in Darrang District, within 21 days of receipt of this letter."

The Commission of Enquiry Act, 1952 makes it necessary that a Commission is formed within 21 days of an incident caused by the government that impacts masses.

On September 20, the Darrang district authorities began evictions at four places in Dholpur, about 9 km from Sipajhar, and nearly 800 families - most of whom were Bengali-speaking Muslims - were removed from 4,500 bighas of land the government claimed ownership for.

There was, however a clash between alleged encroachers and police on September 23 when another team had come to evict at least two locations in Dholpur when at least two persons died of bullet wounds and at least 15 others from both sides were injured.