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Time of India
01-08-2025
- Politics
- Time of India
Ensure ashram-like compassionate atmosphere in jails: Gujarat HC to authority
Ahmedabad: The Gujarat high court on Friday directed the Inspector General of Prisons to ensure that "a friendly and compassionate atmosphere, akin to an 'ashram' is required to be created within the jails". Justice H D Suthar, while ordering the release of a convict detained in Vadodara's central jail for over two months longer than his punishment and awarding him compensation, stated in his order, "It is hoped that the jail authorities will treat all inmates with humanity and sensitivity, following the Model Jail Manual, and do the needful for the rehabilitation of convicts and prisoners. The Inspector General of Prisons shall ensure that a friendly and compassionate atmosphere, akin to 'ashram,' is required to be created within the jails. " Expressing this hope, the judge quoted Mahatma Gandhi's statement, "The best way to find yourself is to lose yourself in the service of others." This happened in a petition filed by a prisoner, Raju Ninama, through advocate A A Zabuawala, who complained that his client was not released from prison even after he served his sentence. The HC summoned the jail officials, including the superintendent Usha Rada, and reprimanded them for this lapse. It ordered the immediate release of the prisoner and said, "In this case, the jail authorities, instead of following the clear directions in the warrant, unilaterally reduced the set-off period, resulting in the petitioner undergoing an additional 2 months and 8 days of illegal detention, which amounts to wrongful confinement and a violation of Articles 19 and 21 of the Constitution of India. Such wrongful confinement, stemming from arbitrariness and highhandedness, reflects a complete disregard for the fundamental rights of the convict." You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad The jail superintendent agreed to pay Rs 50,000 compensation to the prisoner. The HC further stated, "Article 51A of the Constitution enjoins all citizens to show compassion toward living beings. Jail inmates, although convicts, do not lose their fundamental rights. Despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach." The HC directed all judicial officers, who are jail visitors, that "…they must verify jail records to ensure that no undertrial prisoners or convicts remain illegally detained even for a minute beyond the completion of their sentence or granting of bail." Further, the authorities are directed "to undertake a comprehensive exercise to recalculate the set-off period for all convicts as per their respective conviction warrants. After due verification, updated admission cards/tickets of convicts and relevant jail records shall be prepared in accordance with the circular dated Aug 1, 2025."
Time of India
17-07-2025
- Politics
- Time of India
HC notice to govt, ACB over PSI's quashing plea in graft case
Ahmedabad: Gujarat high court Justice H D Suthar on Thursday issued notice to the state govt and the Anti-Corruption Bureau (ACB) while hearing a petition filed by police sub-inspector (SI) Yesha Patel, who was booked on corruption charges in Valsad in Nov 2021. Patel approached the high court seeking the quashing of the FIR lodged at the Valsad-Dangs ACB police station. She claimed that the complaint against her was misconceived and filed with the sole intention of falsely implicating her in a criminal case. She was booked under the Prevention of Corruption Act after an advocate was allegedly caught red-handed accepting a bribe on her behalf from the complainant. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad "Upon critically analysing the material collected during the investigation, it appears prima facie that there is something which doesn't add up," said Patel's counsel, advocate Utkarsh Dave. The court has scheduled the next hearing in the quashing petition for Aug 13.
Time of India
23-06-2025
- Business
- Time of India
Ensure Muslim trader can access shop in Hindu area: HC to Gujarat govt
AHMEDABAD: Reminding state govt that maintaining law and order was its duty, Gujarat high court directed the authorities to redress the problem faced by a Muslim trader in conducting business from his legally-owned shop in a Hindu-majority locality in Vadodara. The order by a bench of Justice H D Suthar came as a relief to petitioner Onali Dholkawala, who allegedly faced relentless obstruction from locals as they have refused to let him open the premises. Dholkawala had legally purchased the shop from two Hindu brothers near Champaner Darwaza in 2016. However, he could get the sale deed registered only in 2020 after he approached HC, as the area is covered under Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. The Act restricts property transactions in designated areas and mandates the district collector's permission for transactions. Dholkawala continued to face opposition in the neighbourhood as some of the residents challenged the sale to a Muslim and demanded its cancellation. The residents contended that allowing a Muslim to buy property in the area could lead to polarisation and disturb demographic equilibrium. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like เทรด Bitcoin และ Ethereum - ไม่ต้องใช้กระเป๋าเงิน! IC Markets เริ่มต้นตอนนี้ Undo In Feb 2023, HC rejected their petition and imposed a fine of Rs 25,000 on each of the two litigants hounding the owner and "thwarting his attempt to enjoy the fruits of the property which he successfully purchased". An appeal against this order was also dismissed. However, the locals still did not allow Dholkawala to use the shop. They allegedly dumped debris at its gate so that it could not be opened. Dholkawala approached high court once again, seeking police protection so that he could get the shop repaired and conduct business from the premises. Dholkawala complained that he had approached police multiple times requesting protection, but received no support.
Indian Express
21-06-2025
- Indian Express
Disturbed Areas Act: HC directs Vadodara police to redress grievance of petitioner seeking to ‘enjoy property' bought in 2020
Stating that 'it is the duty of the state to maintain law and order', the Gujarat High Court has directed the Vadodara city police to remedy the grievance of a petitioner seeking police protection to 'enjoy their property' — four years after it ruled in favour of the petitioners following a controversy under the Disturbed Areas Act. In an oral order on June 19, Justice HD Suthar stated, 'Considering the orders passed in Special Criminal Application, Review Application as well as in Letters Patent Appeal, it appears that as the petitioners are owners of the property in question and they want to enjoy their property, (they) have approached the authority, more particularly the Police Inspector, Panigate Police Station, Vadodara on July 7, 2024… till date, nothing has been done…' According to the order, 'In view of the facts of the case and looking to the grievance of the petitioner, the respondent authority concerned is hereby directed to redress the grievance of the petitioner in accordance with law as it is the duty of the State to maintain the law and order. If any adverse outcome is there, the petitioners are at liberty to file appropriate proceedings before the appropriate forum.' The owners of the property, Onali Ezazuddin Dholkawal and Iqbal Hussain Asgarali Tinwala, had moved the court in 2024 seeking directions against the Vadodara city police, particularly Panigate police station, 'to facilitate and effectuate the petitioners to enter and use their commercial property and repair and rehabilitate it'. The petitioners cited notices received from the Vadodara Municipal Corporation (VMC) with warning of the property being in a dilapidated condition and ordered it to be repaired during the period of the long-drawn litigation under the Disturbed Areas Act with multiple petitions. 'The petitioners were receiving notices dated July 1, 2019, September 24, 2021, and June 26, 2023, along with undated notices affixed on the premises by VMC as the property is in a dilapidated condition and is dangerous for the neighbours. But since the petitioners were not being allowed to enter inside the property, the petitioners could not take any steps for the same,' the petition stated. Stating that the petitioners requested police protection to enter the property by way of representation dated October 9, 2021, and also filed a written complaint against the neighbours in April 2022, the petitions stated, 'But somehow, the protection is not granted and no action was taken by the city police and eventually, the petitioners avoided entering the property in order to prevent any law and order situation or untoward incident… The petitioners sought such police protection last April 2024. But unfortunately, even thereafter the petitioners have not been able to enter and use the property… the neighbours and local corporators are creating hurdles and law and order situation.' The petition pointed out that despite being 'assured police protection', the city police has denied the same 'under one pretext or the other'. The petition stated that on July 22, 2024, accompanied by the city police, the petitioners tried to enter the property but 'the neighbours, along with politically influential persons and particularly local corporators… obstructed the entry of the petitioners in presence of police. The said incident was videographed and thus some of the photographs were also taken, which shows the corporators and other persons objecting to the entry of the petitioners.' Following alleged threats, the petitioners also submitted a written complaint to the police the next day, seeking an FIR, 'which has not been filed.' The petition stated that the Vadodara City police 'failed to discharge their statutory duties and obligations', which has 'resulted in gross violation of the Fundamental Rights of Article 14, 19 and 21 as enshrined under the Constitution of India' and also a violation of the previous orders of the Gujarat HC. The case pertains to a property located in the old city area of Vadodara, which falls under the purview of the The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, also known as the Disturbed Areas Act. The petitioners had sought permission under the Disturbed Areas Act in August 2016 from the Deputy Collector, Vadodara, which was rejected vide in January 2017. Therefore, the petitioners appealed before the Principal Secretary, Revenue Department (Appeals), which was also rejected in June 2018. In March 2020, the HC ruled in favour of the petitioners in a Special Civil Application and granted permission under the Disturbed Area Act. Thus, the sale deed of the petitioners' property was registered December 15, 2020. Even as the petitioners were not allowed to enter their property, the HC order in the Special Civil Application was challenged by way of review petition being filed by some private persons who were panchas (independent witnesses) to the panchnama prepared for grant of permission. Some 'disgruntled neighbours' also filed an application for being joined in the said review petition, which was rejected by the Gujarat HC in March 2022. The HC, in August 2023, dismissed the Letters Patent Appeal of private persons and imposed costs of Rs 50,000 on two panchas who had raised an objection to the sale of a property. The HC had questioned the motive of the two panchas and noted that they had made their declaration, expressing their 'no objection' to the transfer in 2016, and hence, the court had upheld the sale to be valid and not a distress sale in March 2020. Commissioner of Police, Vadodara, Narasimha Komar was unavailable for comments on Saturday.
