MAPUSA
In the recent incident of the controversial demolition of a residential house in Assagao, legal experts were unanimous in strongly condemning the demolition, asserting that the act was illegal and criticised the police for their role in the matter.
According to the legal community, the demolition without a court order and by using force is tantamount to goondagiri without respect to the law of the land.
Advocate Benedict Nazareth emphasised the importance of the rule of law in India, stating, "Even if somebody is illegally staying in a particular house, a person cannot be evicted without following the due process of law. If somebody is occupying the house unlawfully, you have to file a suit for their eviction."
Nazareth further highlighted the misuse of police power, explaining that the police should have directed the parties involved to seek a court order rather than facilitating the demolition.
"The moment the complaint is made, the cops call these people to the police station and make them sit there while these guys go on a rampage and demolish the house. This is like the police also taking the law into their own hands for abetting the whole crime. It is a case of unholy connivance. It is completely unpardonable and unlawful," he argued.
He further reiterated that police can interfere in a civil matter when they feel there is a likelihood of a law and problem.
A noted advocate from Mapusa echoed these sentiments, criticising the use of force in the eviction process.
"Nobody can be evicted without a court order. This is the central principle of this country. How can they evict by this shortcut method? This is absolutely illegal. It is undemocratic and unjudicial,” opined the advocate.
He condemned the police role in the incident and charged that the police were fixed.
“These Delhi people have good contacts with IPS officers. This is a pressure tactic by such top police officers and local police are also fixed," the advocate maintained.
He also noted the recurrence of such incidents in other areas, comparing the situation to lawlessness in parts of Bihar and Uttar Pradesh in the 1990s.
"This is patent goondagiri. An attempt to murder because the people were staying there. Such things were not happening even when the Portuguese and British were ruling in Goa and India," he added.
Advocate Vinayak Porob stressed the necessity of adhering to legal procedures.
"They have to follow the due process of the law. If someone is illegally in possession of your property, there is a procedure established in law to follow. You cannot use force and throw someone out," Porob said.
Porob emphasised the duty of the police to prevent illegal actions, stating, "If someone is doing something illegal and demolishing someone’s house, then it’s a violation of law. The police should ensure that without a court order, it cannot be demolished."
The consensus among the legal luminaries is clear: the demolition of the Assagao house was illegal, and the police's involvement was highly inappropriate.
The incident underscores the need for strict adherence to legal processes and the protection of citizens' rights against unlawful actions.
