JUDGMENT :

(A.M. Bujor Barua, J.)

1. This is a Suo Moto PIL taken up on the basis of a letter dated 27.12.2021, made by Sri Paresh Malakar, on behalf of the citizens associated with Asom Nagarik Samaj, to the Hon’ble The Chief Justice, Gauhati High Court, whereby a request was made to Suo Moto cognizance take up the incident of alleged police brutalities at Garukhuti-Dholpur in the Darrang District of Assam.

2. The letter of 27.12.2021, refers to certain incident, that took place on 23.09.2021, where a heavily armed team of Assam Police Personnel was deployed by the Govt. of Assam at Garukhuti-Dholpur in the Sipajhar Revenue Circle of Darrang District, to carry out certain evictions. When protest were made by the people against the eviction, in the ensuing melee, the police resorted to firing to disperse the crowd and in such event, three persons were reported to have died.

3. The allegation made in the letter also refers to certain incidents, where a cameraman, engaged by the Darrang District Administration to document the situation was seen to be repeatedly stomping over the dead body of Moinul Haque. The letter also states that about 800 families in the area have been evicted and such people were living in the land from where they were evicted for several decades and that the evictions were carried out without any prior notice.

4. Accepting the said letter dated 27.12.2021, the PIL (Suo Moto) No.6/2021 was registered and Mr. TJ Mahanta, learned Senior Counsel was requested to appear on behalf of the Gauhati High Court.

5. Apparently from reading of the letter, two causes of action had arisen: (1) first cause of action is that certain people were killed in the police firing which was connected with the eviction that had been carried out and (2) the second cause of action is that the persons who were evicted are required to be rehabilated.

6. When the matter was taken on 04.10.2021, the learned Advocate General of Assam stated that the Government of Assam had already appointed a retired High Court Judge, namely, Mr. Justice B.D. Agarwal (Retd.), as “One-man Inquiry Commission” to enquire into the incident that took place on 23.09.2021. In the circumstance, although certain affidavits were filed by the respondents in course of the proceeding, a statement is made by Mr. TJ Mahanta, learned Senior Counsel for the Gauhati High Court that in the meantime, the inquiry by the Commission, referred above is going on.

7. Mr. J. Handique, learned counsel for the Revenue and Disaster Management Department, Government of Assam, upon being instructed by the Departmental Secretary has made a statement that whenever the report and recommendation is made by the One-man Inquiry Commission, the Government would look into it and take whatever appropriate actions under the law are to be taken in the circumstance.

8. As regards the other cause of action, that the evicted people are required to be rehabilated, we take note that in PIL No.65/2021 (Debabrata Saikia vs. State of Assam), the same issue had been raised as regards the rehabilitation of the concerned evicted people and in the said PIL, the order dated 24.01.2023 had already been passed, which from para 6 onwards is extracted as below:

“6. After hearing the learned counsel for the parties, what is discernible is that some 400 to 500 families were evicted from their respective lands and that in respect of the land from which the eviction were made, there is also a Cabinet decision to set up an agro farm/model project in the Sipajhar area of Darrang district of Assam. After perusal of the PIL petition as well as hearing the learned counsel for the petitioner, no material nor any ground could be pointed out which may lead the Court to arrive at any such conclusion to interfere with a Cabinet decision of the Government of Assam to set up an agro farm/model project at Sipajhar.

7. Interference of a Cabinet decision is circumscribed and it cannot be that a Cabinet decision would be interfere for