Sonapur revenue village, located just 30 km from Guwahati, lies in a tribal belt and block area. The disputed land, approximately 248 bighas, is allegedly occupied by 237 families. Tensions escalated during the eviction, with the Assam Director General of Police (DGP) claiming that the violence was a “conspiracy” and a “targeted attack by miscreants.”

The situation in Sonapur Revenue Circle has escalated amid allegations that officials are manipulating the narrative surrounding the recent violence during the eviction drive. What began as an operation to clear 248 bighas of government land in a notified tribal belt has now spiralled into a tense standoff between the authorities and local residents.

While the government has claimed that officials were attacked with sharp weapons and stones, many in the community believe the incident is being misrepresented. They argue that the use of force by the police was disproportionate and that the authorities are shifting blame to justify the violence that left two dead and several others injured.

Escalating tensions due to Assam officials justifying the tragedy:

Taking to X, DGP GP Singh claimed that on September 12, government officials, including on-duty police personnel, were attacked during an ongoing eviction drive in the Sonapur Revenue Circle of Kamrup Metro. Alleging that the eviction was being conducted by the revenue authorities of Kamrup Metro in accordance with established procedures, the senior police officer stated that the goal of the drive is to clear 248 bighas of government land in a notified tribal belt, where 237 unauthorized structures had been illegally built.

Referring to the violence that took place during the eviction, the DGP wrote that “During today’s proceedings, government officials were obstructed from carrying out their duties when they were attacked with sharp weapons and pelted with stones, resulting in grievous injuries. So far, 22 government officials have been reported injured, some seriously, as per official records. In response to this targeted attack by miscreants, police resorted to the authorized use of force, following due process. In the ensuing violence, 13 individuals were injured, two of whom were declared dead after being taken to the hospital. Guwahati Police has been instructed to identify and take legal action against all individuals involved in the attack on government officials. Meanwhile, all statutory procedures regarding the use of force by the police are being followed. Appropriate medical treatment is being provided to the injured government officials and others affected by today’s incident.”

The post may be seen here:

Reference incident of attack on Government officials on duty at Sonapur, Kamrup Metro – Revenue authorities of Kamrup Metro have been carrying out eviction proceedings from the government land in the notified tribal belt of Sonapur Revenue Circle of Kamrup Metro since Sept 9th… pic.twitter.com/jnLBMSBc7S

— GP Singh (@gpsinghips) September 12, 2024

As was expected from the Assam Chief Minister, Himanta Biswa Sarma, has alleged that the violence was incited by the Congress party, accusing them of provoking the residents to attack the police. While addressing the media, the Chief Minister claimed that the “encroachers” were originally from Darrang and Morigaon districts of Assam.

CM Biswa took to X to speak on this incident, in his caption, written in Hindi, he has referred to the people involved in the “clash” as “ghuspethiya (infiltrators)”, further complicating the narrative. In his caption, he has written “We are running a special campaign against the encroachers who have illegally occupied the land of the tribals in Sonapur, Assam. Yesterday, the Congress held a press conference and expressed sympathy for the infiltrators, after which the same infiltrators attacked the police.”

The post may be seen here:

असम के सोनापुर में आदिवासियों की जमीन पर अवैध तरीके से कब्ज़ा करने वाले अतिक्रमणकारियों के विरुद्ध हम एक विशेष मुहिम चला रहे हैं। कल कांग्रेस ने एक प्रेस कॉन्फ्रेंस करके घुसपैठियों पर सहानुभूति जताई, जिसके बाद उन्हीं घुसपैठियों ने पुलिस पर आक्रमण किया।#PressMeet pic.twitter.com/VIu3s9qUFe

— Himanta Biswa Sarma (@himantabiswa) September 13, 2024

Competing narratives and justified concerns over police action:

As officials provide their version of the events surrounding the eviction drive in Sonapur, they have asserted that the police were forced to respond with necessary force after being attacked by residents wielding sharp weapons and pelting stones. According to this narrative, the violence was a premeditated attack on government officials performing their duties, leading to the tragic deaths of two individuals and injuries to others, including police personnel.

However, this official account has sparked justified concerns and criticism from several quarters. All Assam Minority Students Union (AAMSU) president, Rejaul Karim Sarkar, condemned the police firing, calling it a “deliberate action” by the government aimed at targeting the minority community. He accused the Himanta Biswa Sarma-led government of harbouring animosity towards the minority population and questioned why no action was being taken against those who illegally sold tribal belt land on fraudulent documents. Sarkar demanded that the government provide land to the landless instead of forcefully evicting them.

Congress Opposition Leader Debabrata Saikia also raised serious concerns about the legality of the eviction, accusing the government of playing “cheap politics.” He claimed the eviction drive violated court procedures, alleging that no eviction notice had been served beforehand. Saikia further criticized the government for spreading fear and threatening a specific community, echoing the growing unease over the state’s actions. Notably, a team of Assam Congress has been also constituted to visit the eviction area under Sonapur revenue circle to assess the situation.

These criticisms point to broader questions about the transparency and fairness of the eviction process. The incident is eerily reminiscent of a similar episode of violence in September 2021 in Darrang district, where two individuals were killed in police firing during an eviction drive. The parallels—two deaths, the same month, the same community affected, and the same BJP-led government—have only intensified scrutiny of the state’s actions and raised doubts about the motives behind these eviction drives.

Related:

Tensions escalate in Himachal and Uttarakhand, multiple protest and rallies against mosques

Manipur plunges into deeper turmoil amid fresh violence and drone attacks since early September

Supreme Court warns against ‘bulldozing the rule of law,’ affirms that legal process, not allegations, must govern punitive actions

“Bulldozer barbarism”: Demolition drive in Surat after stones thrown at Ganesh pandal

The post Eviction tragedy in Assam: Two killed during eviction drive as police firing sparks allegations of government bias appeared first on SabrangIndia.

Following the tragic Dhalpur eviction and the brutal killing of Sheikh Farid and Mainul Haque by personnel of the Assam Police as they opened fire on Gorukhuti villagers who were protesting their forced eviction, there has been widespread outrage in the state.However, many places located in Barak and Brahmaputra Valley have now become the new targets ofthese state sponsored illegal eviction drives.

The eviction drives of the Sarma government, which clearly targets the Muslim community, have been running unregulated in the state. In December 2022, during the winter session of the Assam Legislative Assembly, which was held immediately after the evacuation ofBatadraba, Assam’s Nagoan district.Even at the time, the legislators of the opposition had raised the issue in the Assembly, but the Chief Minister HimantaBiswaSarmahad clearly, with the air of impunity, had stated that these eviction drives are to clear government and forest land in Assam, and will continue as long as the BJP governs the state.

On February 15, 2023, with a huge posse of armed security personnel, the Sonitpur district administration had started the most recent eviction drives. The said eviction drive is slated to be carried out on nearly 1,892 hectares of land at the BurhaChapori Wildlife Sanctuary, located on the southern bank of the Brahmaputra River.

According to the administration of Sanitpur district,the drive will continue for three days. It is pertinent to mention that a huge number of Assam Police and the CRPF, along with staffers from civil administration and the forest department, are engaged in the carrying out of this exercise. 

Harkumar Goswami, convener of forum for social harmony, prominent social worker and writer, strongly opposed this inhumane eviction drives. Speaking with the Sabrang India team, he said that “Poor farmers and laborers have been and are being targeted in the name of squatter eviction from government land. Most of the eviction victims are also river erosion landless people. Instead of giving land and the patta, this government continues to evict them one by one”. 

He continued, “The government has evicted poor farmers,especially from the Muslim areas, while on the other hand, they have given lakhs of bigha land to businessmen like Baba Ramdev and others in last two years.”

He then added that, “The democratic and secular people should get together andstart a democratic movement against these inhumane evictions, and the fascist BJP government.”

Meanwhile, students preparing to take the Assam Board’s final examination leveled serious accusations against the Assam Police Force and their actions. One student was heard saying that “Are these people police or thugs? They are beating up students, and one has already been taken to the hospital after a police officer broke his head with a stick.”

One female student claimed, “Male police officers pushed the girls and other women, and also touched them inappropriately.”

Another female student bemoaned, “Our exam is approaching, how will we study now with all of this going on? They are sabotaging our future.” “We are told to read now because they destroyed our houses; how could we read now?” she continued.

Full video can be viewed here: 

On the other hand, a woman could be seen pleading to the administration, asking for some time. She said, “Give us 4 to 5 days to take away our belongings, we are losing everything, we have worked hard to grow vegetables and now we are in huge loss.

She went on, “If you (the government) extract us, we will be forced to stay on the riverbank. We are erosion victims; we used to live in Char, but now we have no land.” Questioning and requesting the Authority, the woman said, “You are extracting us now give us some land to stay or where will we go?”

Sharing the sentiments, another woman, who was a mother, could be seen making a similar appeal to the authorities, saying “The exam is approaching, and the children are unable to study,”

Another farmer from the evicted area raised some serious concerns. He said, “We had all planted vegetables worth crores of rupees, and the eviction destroyed the fields. As a result, the price of vegetables in the town or city will skyrocket.”

He also added, “They (the administration) harass us by terming us ‘Bangladeshis’. Every time, the word is used for the Muslims living in the state, even though we are India. Why doesn’t the government conduct a survey in the village to find out who is actually a Bangladeshi? If they find one, throw that person out, we will raise no objections.”

Full video can be viewed here: 

It is critical to note that when Congress MLA Nurul Huda visited the eviction site, the media, he had stated “I couldn’t find a Magistrate Level Office where I could speak. Only the forest department is involved in the drive.” 

He also displayed some tax receipts and claimed, “Since 1963, the government has been collecting taxes from these people. If it is forest land, why were these lands given to these people and taxed?”

Furthermore, as was provided by the District Volunteer Members and community volunteers of Dhubri district, another eviction notice was hung in the Golokganj Circle Office under Dhubri district today.

The said notice read as follows: It here by notified to all that a 127(B) four-way road construction is going on. Therefore, all are requested to shift their house, shops, Temples, Mosques, schools, colleges or any organisational building or wall or any other illegal building on the government land, which comes under the radius of 150 feet, within 48 hours post the publication of this notice. Otherwise, as per the direction of the Deputy Commissioner, an eviction drive will be continued as per law. The eviction notice is signed by the Circle Officer of the Golokganj Circle Office.

The copy of the notice can be viewed here: 

Related:

MP: In CM’s Home District, Bulldozers Reduce 20 Homes Built Under PMAY to Rubble

Even “encroachers” need to be rehabilitated says Courts

UP: Demolition drive goes awry, mother daughter burnt alive

Jammu and Kashmir on Edge as Fear of ‘Eviction’ Haunts Residents

Disturbing images emerge from Srinagar as people protest the ongoing demolition drive

Gauhati HC orders the Assam Govt to rehabilitate the remaining families rendered homeless in eviction drives

Assam Police Firing: State Responds To Victim Family’s Plea, Says Acted In Self Defence

Hate Watch: Deceased Batadraba Fisherman’s Family Dubbed “Jihadi”

Assam: GauhatiHc Orders Eviction, Goalpara Lawyers Association Demand Alternative Housing

Political functionaries spew hate against minority: Assam

The post Assam: Mass evictions continue as approximately 2500 Bengali-speaking Muslim families get displaced; pleas go unheard appeared first on SabrangIndia.

The Gauhati High Court put an end to the unregulated divisive campaign being conducted by Assam Chief Minister Himanta Biswas Sarma and the BJP party in the state of Assam. On January 24, 2023, a High Court bench comprising of Justices A. M. Bujor Barua and R. Phukan issued an order requiring the Revenue and Disaster Management Department, Government of Assam, to resettle the remaining families who were rendered homeless in the eviction drive conducted at Dhalpur, in the Darrang District of Assam. The Court, thus, rejected the saffronise agenda being promoted by Sarma, of targeting the Bengali Muslims and terming “illegal encroachers” or “suspicious citizens”, and awarded justice to the destitute families.

This above-mentioned order was passed by the High Court in the PIL filled by Leader of Opposition of Assam Assembly, Debabrata Saikia, Congress MLA from Nazira Constituency. The said PIL had urged the court to uphold the rights of its Indian citizens in accordance to the rights and protections guaranteed to us. Prayers were made in the said petition for the court to assail the Cabinet decision of the Government of Assam regarding setting up of an agro farm/model project at Sipajhar in the Darrang district of Assam. (Prayer 1 and 3). According to Prayer No. 2 and prayer No. 4 of the petition, it was urged that  compensation must be paid to those people who may be evicted pursuant to the aforesaid process under the National Rehabilitation and Resettlement Policy, 2007, the updated Resettlement Framework being followed by the Flood River Erosion Management Agency of Assam (FREMAA), the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015.

The petitioner had also urged for seeking for a consideration of the application on behalf of the people who are evicted for allotment and settlement. (Prayer 5 and 6)

In regards to the Petition’s prayer urging the court to assail the Cabinet decision of the Government of Assam regarding setting up of an agro farm/model project at Sipajhar in the Darrang district of Assam, the court commented that “no material nor any ground could be pointed out to enable the Court to arrive at any such conclusion so as to interfere with a Cabinet decision of the Government of Assam to set up an agro farm/model project at Sipajhar.” (Para 6)

While hearing the arguments made by the counsel, the court noted that more than 700 people were made homeless during the Dhalpur eviction drive in 2021. While about 600 families have already been resettled by giving alternative plots of land, the remaining approximately 100 families has not been provided with the adequate rehabilitation. 

“We have taken note of a statement made by Mr. J Handique, learned counsel for the Revenue and Disaster Management Department of the Government of Assam from the records and information provided to him by the departmental officials that approximately about 700 families were affected in the eviction that had been carried forward pursuant to the aforesaid Cabinet decision that may have been taken. A further statement is made upon information being provided by the departmental officials that in the meantime about 600 families have already been resettled by giving alternative plots of land. What remains is that the balance of about approximately 100 families has not been provided with the adequate rehabilitation.” (Para 9)

Pertaining to this matter, the Court directed the Deputy Commissioner of Darrang to rehabilitate those remaining 100 families within six months of their application. The Honorable High Court bench stated, “We require such other families from the balance of approximately 100 families who are said to have not been rehabilitated to make their individual applications before the Deputy Commissioner, Darrang providing in detail all materials that may support their claim for allotment of any alternative land for the purpose of rehabilitation. We further provide that in the event any such application is made, the Deputy Commissioner shall pass individual reasoned orders within a period of six months from the date of receipt of such applications from the individual applicants. In doing so, the Deputy Commissioner shall also give the individual applicants an opportunity of hearing and also allow them to produce any relevant materials that they may intend to rely upon to substantiate their claim for allotment of land for the purpose of rehabilitation.” (Para 13)

The order can be read here.

Massive eviction drives and the communally divisive propaganda of Himanta Biswas

On December 26, 2022 around 40 families in Kanara Satra in Assam’s Barpeta were evicted due to alleged illegal encroachment. Only a week prior to this, another major eviction drive was carried out in the state at Batadrava Than in Nagaon district. The eviction drive in Nagaon was to clear 1,000 bighas (1.35 sq km) land which ended up evicting 359 families. A Congress MLA, Sherman Ali Ahmed was detained after he staged a protest against the demolition and demanded rehabilitation of those evicted. 

The Court’s decision was a significant setback for Himanta Biswas Sarma’s government. On September 23, 2021 two residents of Dhalpur were killed by police firing during an eviction drive targeting a minority Muslim community in Assam. One of them, Maynal Haque, was protesting against the evictions but 12-year-old teenager Shaikh Farid had nothing to do with the protests. Sabrang India’s sister organization, Citizens for Justice and Peace (CJP) is before the Gauhati High Court seeking justice for these two victims in two separate writ petitions. In Farid’s case, the State claimed that the police fired in self defence. While the government’s eviction drive in the name of illegal encroachers cost two innocent lives and left hundreds of families under open sky in the mist of flood and shivering cold, the Honourable Court recognized citizens’ prayers and set up a path towards ensuring justice.

Himanta Biswas Sarma has openly targeted and excluded the Bengali Muslims of Assam from receiving any benefits that are guaranteed to the people of Assam. On November 14, 2022, Assam CM Himanta Biswa Sarma had ceremonially launched Mission Basundhara 2.0, a flagship scheme of government to redress all kinds of land issues. This scheme is one under which eight land-related services would be provided to people in the digital mode. In an announcement made earlier, Himanta Biswa Sarma had appealed to the people of the state who have land issues to settle to apply under Mission Basundhara 2.0. While this could have been an effort towards ensuring that everyone gets their right, the CM announced that under this scheme, the “encroachers” will not be entertained. 

Related:

Assam Police Firing: State Responds To Victim Family’s Plea, Says Acted In Self Defence

Hate Watch: Deceased Batadraba Fisherman’s Family Dubbed “Jihadi”

Assam: Gauhati Hc Orders Eviction, Goalpara Lawyers Association Demand Alternative Housing

Political functionaries spew hate against minority: Assam

Don’t need Miya Muslim vote: Himanta Biswa Sarma

Multiple FIRs against BJP MLA Shiladitya Dev’s Hate Speech: Assam

CJP moves NCM against Shiladitya Dev for targeting the ‘Miya Muslim’ community of Assam

The post Gauhati HC orders the Assam Govt to rehabilitate the remaining families rendered homeless in eviction drives appeared first on SabrangIndia.

On December 26, 2022 around 40 families in Kanara Satra in Assam’s Barpeta were evicted due to alleged illegal encroachment. Only a week prior to this, another major eviction drive was carried out in the state at Batadrava Than in Nagaon district. A senior police officer told The Indian Express that 400-bigha land was encroached on in Kanara Satra many years ago. “Approximately 400 people were evicted today,” the officer said. “Between 45 and 60 structures, all of them semi-permanent, were demolished. There was no resistance from those evicted; the whole process was carried out peacefully.”

A Congress MLA, Sherman Ali Ahmed was detained after he staged a protest against the demolition and demanded rehabilitation of those evicted. “The government must stop evictions without giving suitable rehabilitation to eviction victims. I demand that these people be rehabilitated within one month,” Ahmed told the media present at the spot.

The eviction drive in Nagaon was to clear 1,000 bighas (1.35 sq km) land which ended up evicting 359 families. After this massive eviction, the Congress had staged a walkout in the Assam Assembly. “All people, whether Hindus or Muslims, will have to vacate Satra land. We request people to leave encroached land, otherwise we will carry out eviction drives,” said Assam CM HImanta Biswa Sarma. Satra is a form of Hindu Vaishnavite monastery.

As reported by Scroll.in, the authorities have evicted 4,449 families since May, 2021 when the BJP government came to power.

Earlier protests against demolition drives have resulted in the murder of innocent people by the state. On September 23, 2021 two residents of Dhalpur were killed by police firing during an eviction drive targeting a minority Muslim community in Assam. One of them, Maynal Haque, was protesting against the evictions but 12-year-old teenager Shaikh Farid had nothing to do with the protests. Sabrang India’s sister organization, Citizens for Justice and Peace (CJP) is before the Gauhati High Court seeking justice for these two victims in two separate writ petitions. In Farid’s case, the State claimed that the police fired in self defence.

A detailed analysis on rights against eviction and right to housing may be read here.

Related:

ASSAM POLICE FIRING: STATE RESPONDS TO VICTIM FAMILY’S PLEA, SAYS ACTED IN SELF DEFENCE

HATE WATCH: DECEASED BATADRABA FISHERMAN’S FAMILY DUBBED “JIHADI”

ASSAM: GAUHATI HC ORDERS EVICTION, GOALPARA LAWYERS ASSOCIATION DEMAND ALTERNATIVE HOUSING

The post Assam: Massive evictions continue in Assam, 400 families displaced appeared first on SabrangIndia.

In a shocking twist to the Assam eviction controversy, the Gauhati High Court has quashed an order of a lower court to file a First Information Report (FIR) against Assam Chief Minister Himanta Biswa Sarma for his remarks about the evictions that took place in Daarang last year.

An application was filed before the Hon’ble Guwahati High Court under Section 482 of the Cr.PC seeking that the order dated  March 05, 2022 passed by the learned Sub- Divisional Judicial Magistrate, Kamrup (Metro) in CR Case No. 1598/2022 be quashed.

On March 11, 2022, Hon’ble Justice Hitesh Kumar Sarmaof the Gauhati HC stayed the order passed by the lower court where it had directedthe Dispur Police to file an FIR against Assam Chief Minister Himanta Biswa Sarma for his inflammatory remarks about the Darrang eviction drive held in September 2021. Sarma had said that it was revenge for the 1983 Assam agitation.

The HC order said, “On consideration of the contents of the petition, facts leading to the passing of the impugned order by the learned court below, and on hearing the submissions made by the learned Advocate General, Assam for the petitioners, this Court is of the view that serious issues having enormous legal implications have been raised in the instant application requiring this Court to examine the matter thoroughly and in detail.” It further said, “This Court is inclined to stay the operation of the impugned order dated 05.03.2022 passed by the learned Sub-Divisional Judicial Magistrate.”

Facts of the case

Awrittencomplaint was filed by Congress MP Abdul Khalequeto the Officer-in-Charge of the Dispur Police Station in Guwahati, referring to a part of a speech delivered by the Chief Minister Himanta Biswa Sarmain Morigaon district on December 10, 2021, on the occasion of Shahid Divas (Martyrs’ Day) wherein Sarma had reportedly referred to the deaths of young Assamese boys in 1983 (during the Assam agitation) in Darrang district, and said that Assam was “bound to take some degree of revenge for those deaths.”

The complaint also referred to the eviction drive that was conducted by the administration in Assam’s Darrang district on September 23, 2021. The Complaint sought an FIR against Sarma under Sections 153 and 153-A of the Indian Penal Code (IPC)for commission of offences under Sections 153/153A of the IPC as well as under any other appropriate provisions of law against him.

Khaleque had alleged that the Officer-In-Charge of the Dispur Police Station did not register a case on the basis of the FIR, as a result of which he resorted to the provisions of Section 154(3) of the Cr.PC and approached the Deputy Commissioner of Police (East), Commissionerate of Police, Guwahati with a prayer to investigate the case by himself or to direct any other competent officer to investigate into the case after registering the FIR.

The Dispur police station failed to file an FIR against the Assam CM. Thereafter, Khaleque approached the learned court of Sub-Divisional Judicial Magistrate with an application under Section 156(3) of the Cr.PC vide CR Case No. 1598C /2022 seeking an order to forward the same to the Officer-In-Charge of the Dispur Police Station with a further direction to register the FIR under Sections 153/153A of the IPC.

Arguments and Submissions

The learned Advocate General for the State of Assam, appearing for the petitioners, questioned the propriety of the impugned order and submitted that the entire allegation in the FIR was based on the speech dated December 10, 2021 at Morigaon, in which it is alleged that Sarma made communally sensitive statements intending to promote enmity, hatred and illwill towards the Muslim population of Assam.

The AG further referred to the transcripts of the Assamese version of the speech, as well as the translated English version and submitted, “There is not a single word in the statement in respect of any particular community, not to speak of Muslim community to create the feeling of enmity, hatred, illwill, etc as well as to provoke the people for act of rioting against any community.”

It was further submitted that thetranscription of the speech on which the complaint was based, was not there with the complaint and the learned court below, did not went through the documents annexed with the application as well as the cassette containing the speech of Sarma.

Mr. Saikia, learned Advocate General, Assam also submitted that a preliminary enquiry was made as per the provisions of Section 157(1)(b) of the Cr.PC upon  receipt of the FIR dated  December 29, 2021 and the matter was closed as there was no material found to initiate the investigation and this was not in the notice of the learned court below as a result of which the impugned order was passed.

Further referring to the decision of Lalita Kumari that on which the court relied, it was submitted that the Court failed to look into the aspects that the Lalita Kumari (supra) has not made Section 157 of the Cr.PC inapplicable so far registration as well as investigation of a case/FIR is concerned  and that the impugned order is passed by the learned court below on incomplete information.

Further referring to the decision of the Hon’ble Supreme Court in the case of Bilal Ahmed Kaloo vs. State of A.P. ((1997) 7 SCC 431) it was submitted that the offences alleged in the instant case are not attracted against Sarma and therefore, there is no question of registration of a case on the basis of the facts alleged.

The order may be read here:

Related:

Assam Court orders FIR against CM Sarma for inflammatory remarks on eviction drive

The post Gauhati HC stays order to register FIR against Assam CM for inflammatory remarks about eviction drive appeared first on SabrangIndia.

The Gauhati High Court has passed an interim order protecting over 200 families from eviction and coercive action in Assam. The families, all residents of Bachashimalu village, that falls under the jurisdiction of Dhekiajuli Police Station in Sonitpur district of Assam, were served notices on November 15, 2021, asking them to vacate their homes on December 15.

That’s when they moved court and submitted that relief had been granted by the same court in 1989 to 81 residents facing a similar situation, and that it must therefore be extended to them as well as they were descendants of these 81 residents who had been granted the land for settlement in 1978 by the State Government as they were landless.

In its interim order the court recorded the petitioner’s submission, “It is contended by the petitioners that earlier 81 persons as petitioners approached this Court in Civil Rule No. 867/1982 against such eviction notices issued under Rule 18 (2)(3) of the Assam Land and Revenue Regulation for their eviction from government land of No. 1 Basasimalu village, Mouza-Barchalla, district-Darrang involved in the case, praying amongst others for settlement of said government land with them which was under their possession in terms of the Communication No. RSS.96/71/25 dated 29.11.1978 issued by the State Government in the Revenue (Settlement Department), Settlement Branch regarding settlement of land to the persons who does not possess any land in their names.”

The court recorded previous proceedings in the matter, “It is placed that by the judgment and order dated 21.07.1989, a Division Bench of this Court disposed of the said Civil Rule No. 867/1982 with the observation that the petitioners of said Civil Rule No. 867/1982 shall not be evicted till the question of settlement of the land with them as per the policy decision referred in the said judgment is decided by the appropriate authority, if they are in possession of the land involved in that case as on the date of the said judgment i.e. 21.07.1989.” The court further recorded, “It is also stated by the petitioners that after the said judgment dated 21.07.1989, the respondents have settled government land with some of the petitioners of said Civil Rule No. 867/1982 under their possession and that the present petitioners are the descendants of those 81 petitioners involved in Civil Rule No. 867/1982.”

The petitioners have also made a representation before the Minister of Revenue and Disaster Management informing them of the above. Therefore, the Court adjourned the matter to February 2, 2022, and ordered, “On the next date fixed, (i) the Deputy Commissioner, Sonitpur, Tezpur, respondent No. 2; (ii) the Additional Deputy Commissioner (Revenue), Sonitpur, Tezpur, respondent No. 3 and (iii) the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur shall apprise the Court the reasons for issuance of the impugned eviction notices dated 15.11.2021 to the petitioners issued by the concerned Circle Officer.”

Most significantly, the court extended to the petitioners, protection from any coercive action in the interim period. The court said, “In the interim, it is directed that the respondents shall not take any coercive measure against the petitioners in terms of said eviction notices under No. DRC-13/2017-18/2056 dated 15.11.2021 issued by the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur without disposing of the said representation of the petitioners that was received by the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli, Sonitpur on 03.12.2021.”

The entire order may be read here: 

Brief background of evictions in Assam

As we have reported previously, the Assam state government has been conducting an eviction drive to rid public land of people it calls “encroachers”. They say this land will then be handed over to indigenous youth for agricultural purposes. As part of this eviction drive hundreds of families have been evicted from Gorukhuti, Phuhurtuli and other nearby villages that fall in the Sipajhar circle of the Dhalpur region of Darrang district.

On September 20, around 200 families were forcibly evicted from their homes in Phuhurtuli in Dhalpur. It is noteworthy that 49 families nearby had been evicted from the same area on June 7. Then came the fateful day of September 23. At midnight residents of Gorukhuti were sent notice of eviction via Whatsapp, in complete contravention of set procedure and law. The next morning, they were thrown out of their modest huts, with little time to gather together their meagre belongings. District officials had arrived with armed police personnel, and when people protested the injustice, police opened fire. Two people, Maynal Haque and Sheikh Farid, were killed in the firing.

While Maynal Haque was a daily wage earner, responsible for feeding his family of elderly parents, a wife and three small children, Sheikh Farid was a 12-year-old boy returning home from a nearby Aadhaar Card centre. What was also shocking was how, again in complete contravention of set procedure, police did not shoot people below the knee. In fact, victims and survivors sustained bullet wounds to their head, face, chest and stomach.

Related:

Evicted families will be rehabilitated only if name appears in NRC: Assam Gov’t to Gauhati HC

EXCLUSIVE: Three infants from evicted families die in Assam

Assam police firing: CJP aids families of victims move HC

Assam Police Firing: 12-year-old shot dead while returning home from Aadhaar centre!

Photo Feature: Evicted villagers struggle to rebuild lives in Dhalpur

Finally, FIRs filed in Dhalpur firing death cases

The post Gauhati HC extends interim protection to 244 families facing eviction in Assam appeared first on SabrangIndia.

November 8 still sends shivers down the spine for many Indians who saw 80 percent of the nation’s currency notes become illegal in one fell swoop. Even today the word “Mitron” meaning “friends” with which Prime Minister Narendra Modi began his famous nationwide address on that fateful night in 2016, causes panic and anxiety among many people. Therefore, on the fifth anniversary of that disastrous economic decision, the All Assam Minorities Students’ Union (AAMSU) decided to take the opportunity to highlight some of the more recent decisions of the regime that have proved to be disastrous for the state of Assam.

AAMSU held a demonstration in the national capital at Jantar-Mantar to highlight the plight of families who have been forcibly evicted from their homes in Assam. Calling the evictions “selective, arbitrary, illegal and inhuman”, AAMSU demanded that the state government stop them immediately. They also demanded that land pattas (land ownership documents) be given to all landless people in the state. This is a particularly powerful document, especially for those who became landless due to river erosion. An estimated 7 percent of Assams land has been lost to river erosion since independence. Many of these people are then forced to migrate to other areas where based on their religion, ethnicity or language, they are seen as “outsiders” due to paranoia surrounding illegal Bangladeshi immigrants infiltrating Assam. 

AAMSU also demanded that the process of finalising the National Register of Citizens (NRC) be completed soon. It is noteworthy, thathe Final NRC was published on August 31, 2019. However, it is yet to be notified by the Registrar General of India (RGI). This is particularly shocking given how the entire mammoth exercise was a Supreme Court monitored process. Ever since the NRC was published the BJP-led government in the state has refused to accept it, constantly asking for reverification despite the SC having denied the request once.  

The full list of AAMSU’s demands may be viewed here: 

Images from the protest may be viewed here:

Images courtesy Abul Kalam Azad,Education Secretary, AAMSU

Related:

Yet another eviction drive in Assam
Evicted families will be rehabilitated only if name appears in NRC: Assam Gov’t to Gauhati HC
MHA once again gaslights public on NRC

The post Assam minorities take anti-eviction protest to Delhi appeared first on SabrangIndia.

Assam government is all set to evict nearly 3,000 people living in over 1,000 hectares of land in the Lumding Reserve Forest in Hojai district. The drive begins Monday November 8, several weeks after evictions had come to a virtual stand-still in Assam after the brutal killing of two people in police firing in Gorukhuti in Darrang on September 23.

Hojai divisional forest officer Guanadeep Das told the Times of India, “There are around 3,000 people living on the 1,410 hectares of land in the reserve forest,” adding that the first phase of the eviction drive will take place on Monday and Tuesday covering approximately 500 hectares of land. The total area of the Lumding Reserve Forest is 22,403 hectares.

The new eviction drive comes in wake of a September 14 order by the Gauhati High Court that had taken note of the state government’s plan to evict “encroachers” from the forest area. The court recorded, “It has been stated that a large number of forest area have been encroached upon by unauthorised persons from various places. In this regard, the State Government also has filed an affidavit, which has acknowledged the existence of such large area of forest land being encroached upon to the extent of 1.10 hectares of land under the Lumding Reserve Forest.” It further recorded, “In the action plan prepared by the State authority under the first phase of eviction, which will last for 5 days, it will be undertaken during October 2021 to November 2021 and in 2nd phase, which will last for 4 days, it will be undertaken during November 2021 to December 2021 and under the 3rd phase which will last for 5 days, will be conducted during January 2022 to February 2022.”

The entire order may be read here:

Now that the protests over the Gorukhuti police firing appear to have dissipated, the state government is resuming evictions.

On Friday, November 5, Assam Special DGP (law and order) G. P Singh visited the families living on forest land to urge them to leave on their own. He told The Shillong Times, “People who have settled inside the reserve forest (for farming) should leave voluntarily as the area belongs to the forest department. About 80 percent of the settlers have their own homes in other places…so they should vacate the area.” However, he also indicated that the administration was prepared in case the families refused to budge. “We want people who have settled here for farming activities to leave the reserve forest area on their own. However, subsequently if they do not vacate the area, we will have to carry out the eviction drive in a phased manner,” he said.

However, the administration is once again going in prepared to quell any resistance with force. TOI reports that as many as 1,000 police and Central Reserve Police Force (CRPF) personnel have been deployed to ensure the first phase of evictions passes smoothly. However, these numbers appear to be excessive given how few families are being evicted in this phase. Hojai deputy commissioner Anupam Choudhary told TOI last week, “A total of 670 families had settled here and were engaged in cultivation. We have counselled the people over the last couple of days. Now less than 1 percent families are there who too will leave the place by Monday.”

Now, if that is the case then why is the state government deploying such a large number of police and paramilitary personnel?

Related:

Evicted families will be rehabilitated only if name appears in NRC: Assam Gov’t to Gauhati HC

EXCLUSIVE: Three infants from evicted families die in Assam

Photo Feature: Evicted villagers struggle to rebuild lives in Dhalpur

Finally, FIRs filed in Dhalpur firing death cases

The post Yet another eviction drive in Assam appeared first on SabrangIndia.

The Assam eviction tragedy keeps on growing. Though no new evictions have been reported after the police firing on September 23, CJP’s on-ground team has learnt that at least three infants from these families have died. One of them was just 5 days old!

CJP’s Assam state team in-charge Nanda Ghosh says, “The children have been identified as 5-day-old Rajib Ahmed, 2-month-old Rohim Ahmed and Akhi Aktara who was just about a year old.” The cause of death of the children remains unknown.

“The children were living in makeshift shanties, huts and tents, raised by the evicted families by stringing together bamboo sticks, some old sarees, sheets of tarpaulin and hay with some rope. These were built alongside the river and barely provided any protection from the elements,” says Ghosh. “Infants and toddlers are always most vulnerable to disease, though it is not known exactly which disease afflicted them,” he adds.

The families had been evicted as part of Assam Chief Minister Himanta Biswa Sarma’s ambitious drive to evict the so-called “outsiders” and give the land to “indigenous people” for agriculture. As these people were seen as “outsiders”, they were deemed ineligible for any compensation.

The evictions had been taking place in different villages such as Gorukhuti, Phuhurtuli and other parts of Dhalpur that falls in the Sipajhar Circle of Darrang District. This is a char area or riverine region where entire villages are washed away whenever there is a flood. In fact, an estimated 7 percent of Assam’s land has been washed away since independence. Depending on how the course of the river changes, villagers relocate to landmasses where they can build new settlements. 

In fact, in case of the Dhalpur area, many of the settlements where forcible evictions took place were inhabited by such flood-affected people, who were conveniently labelled as illegal migrants by the regime that seems to be determined to cash in on the paranoia surrounding an alleged influx of Bangladeshis. Today this paranoia took the lives of three babies. Wonder how that would weigh on the conscience of the state’s people and their leaders…

*Feature image by CJP Team: A child playing outside as evicted families struggle to put together makeshift huts as a feeble shelter from the elements. NOTE: This is not one of the children who died.

Related:

Assam police firing: CJP aids families of victims move HC
Assam Police Firing: 12-year-old shot dead while returning home from Aadhaar centre!
Photo Feature: Evicted villagers struggle to rebuild lives in Dhalpur
Finally, FIRs filed in Dhalpur firing death cases

The post EXCLUSIVE: Lives shattered further for evicted families in Assam as three infants die appeared first on SabrangIndia.

The matter pertaining to the unfortunate incident of ruthless evictions carried out by the Assam government, and the subsequent firing by the Police, was taken up by the Gauhati high court, today, on October 7. The Bench headed by Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia has directed the government to file its reply in the matter and called the clashes between the protestors and the police “a big tragedy”.

As reported by Bar & Bench, the court orally observed, “This is a big tragedy, very unfortunate. Those who are guilty, if at all, must be punished, no doubt about that. Not just in this but in one or two other incidents as well….khoon Zameen par phir gaye (Blood has been spilled)”.

The plea was allegedly filed by the Leader of Opposition in the Assam Assembly, Debabrata Saikia, against the Assam Government’s eviction programme. He was represented by senior counsel Chander Uday Singh, who brought forward three issues before the court as per a LiveLaw report. They are:

-The Police firing that took place on September 23 in Dholpur village amid an eviction drive in Assam’s Darrang district

-Regarding the eviction drive, questioning as to whether it took place as per the law and whether or not the legal provisions have been adhered to

-Mandatory compliance with the National Rehabilitation policy of 2007 (Central Government) and Assam’s Resettlement framework guidelines (prepared by FREMA)

Senior counsel Singh further argued that the videos of the death of Maynal Haque made it clear that he had already been subdued by the Assam Police but he was still shot at when he was on the ground. As per some media reports, he contended in court that the State is liable to pay compensation for the ex-facie illegal actions of the police.

On the other hand, the Advocate General claimed that peaceful evictions were going on when there was an “unprovoked attack on the police”. B&B reported that the government counsel alleged that Haque had been chasing the photographer with a lathi, and “this young boy, the photographer, managed to save himself by getting to the police”. He also stated that during the protests, several police personnel were injured and hospitalised.

The AG also argued that the situation in Assam is quite different from the rest of the country. He contended that the land is quite a fertile land, where these people (alleged encroachers) are living and the land is a part of the Government’s agriculture project, and that it wants to make it a forest area.

To this, LiveLaw quoted Chief Justice Dhulia saying, “Ab aapko aadmi ujarkar jungle banana hai? Hum bhi yehi reh rahe hai. (Now, you have to remove people and establish a forest? We are also living here). We also know what is happening.”

As we have previously reported in SabrangIndia, after one eviction drive on September 20, a fresh round of evictions took place, wherein 150 more huts were demolished in the same area on September 23. After being served a notice only the previous night, that too on WhatsApp, the residents protested, and were eventually showered with bullets.

The Bench has directed the government to file a detailed affidavit, and has posted the matter for hearing on November 3.

Related:

BREAKING: 2 killed, 10 injured in police firing in Assam
Assam Police Firing: People across India demand justice for evicted families
Assam Police Firing: Death toll rises, victim blaming rampant
Are encroachment removal drives in Assam selectively targeting the minority community?
Heartless government poised to evict thousands amidst Covid-19, monsoon in Assam
Assam: 25 hutments demolished by Sonitpur district administration amidst Covid’s deadly second surge

The post Gauhati HC seeks response from State on Darrang eviction, firing appeared first on SabrangIndia.