[Assam Violence] Rehabilitation only for citizens in NRC; won't use force unless compelled to: State to Gauhati High Court

The Gauhati High Court on Wednesday, while hearing a batch of petitions regarding the evictions and ensuing violence in Darrang district, was told that the Government of Assam will not take any coercive action against any person it seeks to evict, unless it is compelled to do so..The Division Bench of Chief Justice Sudhanshu Dhulia and Justice Kakheto Sema recorded the submissions made on behalf of the State government in the order issued today. "As of now, for the remaining alleged encroachers, no coercive action will be adopted. If and when it is adopted, the writ petitioner is free to approach the court," the order stated..Advocate General Debojit Saika submitted that the rehabilitation of evicted and displaced persons will be carried out to 1,000 bighas of land that have been demarcated for the purpose after the following aspects are ascertained:Are the persons truly landless including in the districts they migrated from?Are they landless due to the effects of erosion?Are their names in the National Register of Citizens proving their citizenship status?.Upon being prompted by the Bench to address the September violence that led to death and injury, the AG submitted that the details on steps taken are in the affidavit. He stated that all efforts will be taken to ascertain the facts and circumstances leading to the incident and whether any external forces or organisations were involved in inciting the "mob violence" that ensued.The AG also made pointed remarks regarding the motive behind filing the instant PIL, which he argued was merely political"The people at the ground, they know the situation, not the lawyer outside or the leader of the opposition of assembly. The ground reality is that people are not coming before this court. These are all politically motivated PILs," he said..However, the Bench commented that this was not an aspect for them to look into. It orally remarked that these days, everything is political. Regarding news reports of the incident and the previous hearing of the case, the AG took a negative view and said"After last hearing, the national media has projected this case in wrong manner. Putting words in Lordships' mouth also.".Advocate Talha Abdul Rahman, appearing for the petitioner, categorically stated that the inquiry that has been ordered is not satisfactory and neither is the affidavit filed by the government.He alleged that the affidavit is vague and does not clarify whether the magistrate who is alleged to have ordered the police firing is not the same one who was appointed to conduct the initial magisterial enquiry.However, he submitted that he will file his rejoinder once the AG files the additional affidavit. In the meanwhile, he requested a statement from the AG that notice be served before eviction of any persons.The AG refused to submit a statement to that effect, but reiterated that no force will be used, unless the State was compelled to do so."We are in consultation with remaining families and we are trying to convince them to shift. That process will go on and we will not use force till we are compelled to," he stated. .The Court recorded this submission and noted that a one-man Commission of Inquiry of retired High Court judge, Justice BD Agarwalla was appointed to inquire into the violence which led to the death of two persons and injury to many, including police personnel.Two civilians had died after the Assam Police opened fire at villagers who were protesting against the forced eviction carried out on September 23. The two deceased persons were later identified to be a 12-year-old boy who was shot on his way back from a local post office and a 33-year-old man.The 33-year-old, the video of whose death went viral on social media, was identified as Moinul Haque, the sole earning member of his family. His killing was contended to be an extra judicial/encounter killing.Subsequently, leader of the opposition in the Assam Assembly, Debatraka Saikia, filed a PIL on the matter through Advocates Bilal Ikram, Talha Abdul Rahman and Natasha Maheshwari. The Court has taken this up suo motu and another petition has also been tagged with the matter..The matter will be taken up next on December 14.[Read Order]