HC rejects plea seeking stay on demolition in Ahmedabad slum from where 890 were picked up in drive against illegal immigrants
Considering the submission of the Gujarat government that the demolitions undertaken against alleged illegal settlements of Bangladeshi immigrants in the Chandola Talav (lake) area in Ahmedabad since Tuesday morning was in the 'greatest interest' of 'national security', based on 'sensitive input' in wake of the Pahalgam terror attack, and not a regular demolition drive, the Gujarat High Court on Tuesday rejected a plea filed by residents seeking a stay into the state action.
Meanwhile, in an affidavit filed before the HC, the state government said that the action initiated in the Chandola Lake area was taken to protect national security, adding it 'cannot be hounded by principles of natural justice'.
In the urgent hearing held before the Gujarat HC Tuesday afternoon in the petition filed by about 23 residents of Siasat Nagar in the Chandola talav area, even as bulldozers and dumpers closed in for the operation, the Gujarat HC refused to grant a stay and considered the submission of the state government that the demolition was not a 'regular drive against encroachment' but against 'specific input' of illegal immigrants.
Speaking to The Indian Express, Advocate General Kamal Trivedi, who is party to the state affidavit submitted in the court, said, 'We have submitted that it is in the wake of the Pahalgam incident, it was a matter of national security and people's safety… A lot of anti-social activities are going on in the (Chandola) area. These people are illegal (Bangladeshi) immigrants, who have occupied the area. It was not a simple anti-encroachment drive, in which case, it could have been done earlier by the (Ahmedabad) civic body. There was sensitive information for which we wanted to be doubly sure… Public safety and security are paramount. Therefore, the expedition was undertaken. Our reply mentioned that it was an issue of national security and dealing with illegal immigrants.'
A release from the state government, on Tuesday, said that a high-level meeting was held on April 25 in order to address the issue of illegal immigration (Express)
Advocate Anand Yagnik, who represented the petitioners, contended that the demolitions were 'unconstitutional and illegal' as it was in violation of the Supreme Court directives to issue notices of eviction and grant sufficient time to residents even in case of encroachments.
Yagnik said, 'There may be Bangladeshi nationals among the residents of the (Chandola lake) area, one does not deny that. But, these immigrants should be sent back as per the process of law, with orders of the Foreigners' Tribunal with dignity and respect… But by the way, in the last four days, the state government of Gujarat has picked up 1,200-1,500 people by tagging them as Bangladeshis, and also released 90% of them as they were found to be Indian nationals and not Bangladeshis… Now, in a demolition drive the authorities are also bulldozing the homes of those, who have not been found to be Bangladeshi nationals…'
Yagnik also contended that even if the residents were found to be illegally living in the said area, the Gujarat state government's policy for rehabilitation of slums would apply to those residing in the area since before 2010. Yagnik said, 'Some of these people have been living here since the last 60 years… The petition contends that even if (the petitioners) are living in homes built illegally around the Chandola Talao, we should be given reasonable time for eviction after being served an eviction notice and thereafter, our homes be demolished as per the Supreme Court directions … But no notice has been issued to us. We are Indian nationals and we have been living here for over 60 years… We are residents of the area since before 2010 and therefore, covered under the Gujarat government's slum rehabilitation scheme…'
The petition also termed the action as 'illegal and unconstitutional' as no alternate arrangement for rehabilitation had been made. Yagnik said, 'The government is being run out of police stations… It is illegal and unconstitutional. No court in India has confirmed any of these people as non-Indians…'
What the state government's affidavit said
The preliminary affidavit filed in the HC by the state — signed by Ahmedabad Deputy Commissioner of Police (Crime), Ajit Rajiaan — 'denied in totality' the contentions of the 'malicious petition', stating that there 'are no legal structures within the historic Chandola lake' as the Ahmedabad civic body has never given any development permission to any person. The 'obstructions created are to carry out a variety of illegalities,' it further stated. The petition also stated that most 'obstructions have been abandoned and easily removed' since 8.30am on Tuesday without any untoward incident.
According to the affidavit, 'In the petition, not a single document to evidence any legal authority to construct or develop (in the area) has been produced. Over time, the lake came to be used for a variety of illegalities, including harbouring Bangladeshi aliens and other anti-national elements. Furthermore, the lake has also been a hub of illegalities such as large-scale prostitution, including coercing minors into prostitution, drug trade, money laundering, forgery of identification documents… It is also stated for the record that, recently, four Bangladeshi immigrants belonging to an Al Qaeda module having links to Chandola Lake were also arrested.'
The affidavit of the state government cites 'sensitivity of the intelligence operations presently underway' to seek leave to 'not disclose any specific particulars…in the national interest and in the interest of national security.'
The affidavit raised doubts over the 'existence' of the petitioners as three petitioners have been identified as Tajma Amir Shaikh, aged 40, without any addresses stated in the petition. The state informed the court that the Ahmedabad police carried out a name-based verification of the petitioners, after the petition was served at 1 am on Tuesday.
'It is specifically and clearly stated on affidavit that none of the Petitioners are residing at Chandola Lake, and in fact, (the state) is unable to even locate, identify or confirm the existence of any petitioners,' the affidavit stated. The reply of the state raised suspicions over the nationality of the petitioners and stated, 'Based on intelligence feedback gathered by the (state), it is respectfully submitted that the petitioners, if at all they do exist, would not be Indian citizens; and, in all likelihood, are Bangladeshi illegal aliens.'
The affidavit further said, '…the address or residential particulars of none of the petitioners has been provided in the petition… Aadhaar card is not verified due to paucity of time but appears to contain incorrect particulars… the captioned petition is nothing but an attempt to foist a petition based on non-existent petitioners.'
The state also placed on record that the action initiated in the Chandola Lake area was in wake of the Pahalgam incident 'for maintaining the safety and security of the people (Express Photo)
The state also placed on record that the action initiated in the Chandola Lake area was in wake of the Pahalgam incident 'for maintaining the safety and security of the people at large of the State as also protecting National Security, and cannot be hounded by the principles of natural justice'.
A release from the state government, on Tuesday, said that a high-level meeting was held on April 25 in order to address the issue of illegal immigration. 'As per the directions of the Chief Minister and the Minister of Home, and under the guidance of the DGP and Commissioner of Police (Ahmedabad), decisions were taken to raze the encroachment on the government property near Chandola Talav in order to crack down on illegal activities and also arrest the chances of illegal immigration in the future…'
The release also said that during the verification of documents and interrogation of the suspects, it came to light that a man named 'Lalu Bihari facilitated rent and lease agreement for Bangladeshi nationals and also acquired electricity connections for them… Therefore, Lalu Bihari and his son have been booked and arrested.'
Minister targets Congress, party hits back
Soon after the HC rejected the plea, Gujarat Minister of State for Home, Harsh Sanghavi took to X and said that 'Congress sympathisers' were trying to 'protect Bangladeshis and Pakistanis'. Sanghavi posted, 'Justice served! Gujarat HC rejects Congress sympathizers' petition against govt's action on illegal migrants. Their agenda to protect Bangladeshis/Pakistanis has been foiled.'
Dr Manish Doshi, Spokesperson of the Gujarat Pradesh Congress Committee (GPCC), told The Indian Express that by blaming the Congress, which had not come out in support of illegal immigrants, the Bharatiya Janata Party (BJP) was 'trying to hide its own failure'. Doshi said, 'For the last 30 years, in Gujarat and in the Ahmedabad Municipal Corporation (AMC), BJP has been in power… It has been 11 years since Prime Minister Narendra Modi has been leading the Central government… Under whose watch have these illegal settlements come up?'
He further said, 'Under the UPA I and UPA II, led by former PM Dr Manmohan Singh, 82,000 Bangladeshis were deported… The Modi government has deported 18,000 Bangladeshis in 11 years. BJP likes to create a hullabaloo and not actually take action. Blaming the Congress is the way BJP wants to conceal its own failure. They should be apologising to the people of Ahmedabad, Gujarat and India…'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
Business Standard
20 minutes ago
- Business Standard
Jaishankar, Iranian counterpart Araghchi discuss latest situation
External Affairs Minister S Jaishankar held telephonic conversation with Iranian counterpart Seyed Abbas Araghchi on Friday and spoke about the latest situation. In a post on X, Jaishankar stated, "Spoke to Iranian FM @araghchi this evening on the latest situation." The talks between the two leaders come in the wake of Operation Rising Lion, launched by Israel against Iran. Jaishankar received a phone call from Israel's Foreign Minister Gideon Sa'ar regarding ongoing developments. "Existing channels of dialogue and diplomacy should be utilised to work towards a de-escalation of the situation and resolving underlying issues. India enjoys close and friendly relations with both the countries and stands ready to extend all possible support," the statement said. "Our Missions in both countries are in contact with the Indian community. All Indian nationals in the region are advised to exercise caution, stay safe and follow local security advisories," it added. Earlier, the Israel Defence Force (IDF) said Israel launched a "precise, preemptive strike" in Iran. The spokesperson BG Effie Defrin said the strikes aimed at damaging Iran's nuclear program and in response to the Iranian regime's ongoing aggression against Israel. "For years, the Iranian regime has called for the destruction of the State of Israel, planning and advancing concrete military plans to do so. Over the past few months, intelligence has shown that Iran is closer than ever to obtaining a nuclear weapon. This morning, the IDF began pre-emptive and precise strikes targeting the Iranian nuclear program in order to prevent the Iranian regime's ability to build a nuclear bomb in the immediate timeframe," he said. He said the airstrikes were aimed at protecting Israel's right to exist and for their future. "We have no choice. We are operating against an imminent and existential threat. We cannot allow the Iranian regime to obtain a nuclear weapon that would be a danger to Israel and the entire world. This operation is for our right to exist here, for our future and for our children's future. The State of Israel has the right and the obligation to operate in order to protect its people and will continue to do so," he said. Netanyahu had announced the launch of a large-scale military campaign, Operation Rising Lion, aimed at dismantling what he described as an existential threat posed by Iran's nuclear and ballistic missile programmes. Netanyahu said Israel had struck multiple high-value Iranian targets in a decisive first strike. "Moments ago, Israel launched Operation Rising Lion, a targeted military operation to roll back the Iranian threat to Israel's very survival," he said, adding that the mission would continue "for as many days as it takes to remove this threat."The Israeli leader accused Iran of pursuing a nuclear weapons programme in defiance of global warnings, pointing to enriched uranium stockpiles capable of producing multiple nuclear bombs." Netanyahu likened the current moment to the prelude to World War II, referencing the Holocaust and past global inaction in the face of rising threats. "Eighty years ago, the Jewish people were the victims of a holocaust perpetrated by the Nazi regime. Today, the Jewish state refuses to be a victim of a nuclear holocaust perpetrated by the Iranian regime," he said. Reaffirming Israel's red lines, Netanyahu declared: "Now, as Prime Minister, I've made it clear time and again. Israel will never allow those who call for our annihilation to develop the means to achieve that goal. Tonight, Israel backs those words with action.
Time of India
29 minutes ago
- Time of India
JPSC to pay Rs 1L to candidate in recruitment case
Ranchi: Jharkhand high court on Friday imposed a cost of Rs 1 lakh on the Jharkhand Public Service Commission (JPSC), while dismissing an appeal filed by the latter against a candidate. The division bench headed by Chief Justice MS Ramachandra Rao while dismissing the appeal upheld the order of a single judge and imposed the cost of Rs 1 lakh on the Commission which is to be paid to the petitioner, Manoj Kumar Kachhap, in eight weeks. Kachhap had filed a petition before the single bench of the HC stating that he was a candidate and had applied for the post of assistant professor in 2018. He appeared for the exams after scrutiny of his documents by the commission. But at the time of interview, he was told that the fees deposited for the exam was not credited in JPSC's account and therefore his candidature could not be considered. Kachhap told the court that he wasn't informed about it before the interview. In another matter, the high court imposed a cost of Rs 8,000 on former chief minister Madhu Koda for seeking adjournment in a case for the fourth time. Koda had filed the case challenging prosecution against him in the Rajiv Gandhi Electrification Project scam amounting to Rs 11.40 crores. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Pinga-Pinga e HBP? Tome isso 1x ao dia se tem mais de 40 anos Portal Saúde do Homem Clique aqui Undo Ranchi: Jharkhand high court on Friday imposed a cost of Rs 1 lakh on the Jharkhand Public Service Commission (JPSC), while dismissing an appeal filed by the latter against a candidate. The division bench headed by Chief Justice MS Ramachandra Rao while dismissing the appeal upheld the order of a single judge and imposed the cost of Rs 1 lakh on the Commission which is to be paid to the petitioner, Manoj Kumar Kachhap, in eight weeks. Kachhap had filed a petition before the single bench of the HC stating that he was a candidate and had applied for the post of assistant professor in 2018. He appeared for the exams after scrutiny of his documents by the commission. But at the time of interview, he was told that the fees deposited for the exam was not credited in JPSC's account and therefore his candidature could not be considered. Kachhap told the court that he wasn't informed about it before the interview. In another matter, the high court imposed a cost of Rs 8,000 on former chief minister Madhu Koda for seeking adjournment in a case for the fourth time. Koda had filed the case challenging prosecution against him in the Rajiv Gandhi Electrification Project scam amounting to Rs 11.40 crores. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Indian Express
33 minutes ago
- Indian Express
'Before it's too late': HC orders Thane commissioner to survey and take actions against illegal constructions across wards
Expressing 'shock' over proliferation of illegal constructions and delay in actions, the Bombay High Court has directed the Thane Municipal Corporation (TMC) Commissioner to conduct a survey of all illegal structures across its wards including developing areas and green zones and act against them 'before it is too late.' The HC on Thursday warned the civic body that if illegalities continue and it is unable to take action against the same, the court will have to consider whether the TMC would be required to be governed by a 'different/separate machinery' under Municipal laws. A bench of Justices Girish S Kulkarni and Arif S Doctor ordered immediate inspection of seventeen unauthorised structures/buildings in TMC area by the court-appointed officer and separate inquiry into the role of errant municipal officers in aiding such constructions. 'The situation is so serious that it would be difficult to believe that there is at all any rule of law when it comes to illegal constructions and whether the TMC is at all alive to what is happening under its feet and under the blessings of its officers,' the HC noted. The HC was hearing a plea by one Subhadra Ramchandra Takle, a senior citizen, who, through advocates A H Modi and Shafik Ahmed, claimed that her nearly five-and-half acre land in Mumbra area was grabbed by 'land mafia or sharks' without any permission from planning authority and 17 unauthorised structures were erected on it. 'Such construction could not have come up except with the blessings of the government and municipal officers. It is also shocking that the persons who have rampantly undertaken such construction could spend such huge amounts in undertaking such brazen illegal construction and ultimately to defraud innocent flat purchasers to purchase flats/tenements in such construction,' the bench noted. 'We may observe that those who purchase tenements in illegal construction are greedy purchasers, who are a different category of citizens as opposed to those citizens who would purchase tenements which are lawfully constructed, they cannot assert rights in regard to illegal construction,' the HC added. The court expressed 'shock' over TMC's reply and questioned why the civic body was delaying action despite being aware of illegalities on petitioner's land. The bench said the matter was 'serious' as it was 'clear case of land grabbing' with complaints 'having fallen to the deaf ears of municipal officers.' The court said it 'cannot overlook complete abdication of petitioner to the rule of law, at the hands of municipal authorities and citizens taking law into their hands' to put up illegal constructions. The HC directed the court-appointed officer to conduct immediate inspection of petitioner's land in presence of TMC commissioner with police protection and submit a report before next hearing on June 19. The bench further ordered a senior judicial officer to inquire into the role of all municipal officers responsible for such constructions and an inquiry report be produced before the court within six weeks. The court will pass orders on the outcome of both the reports. It added that the green zones and areas within which no construction is permissible ought to be safeguarded and if illegal structures come up on such lands, the same should be immediately removed as per law. The bench sounded a 'note of caution' that if 'gross illegality wantonly persists,' it will have to consider whether the corporation is functioning as per law. In such event, if TMC fails to follow its duties and obligations, the HC went on to note, 'the TMC would be required to be governed by a different/separate machinery which has also been provided under the provisions of the Maharashtra Municipal Corporation Act, for which the state government would be required to be directed to take appropriate steps if the need so arises.'
