Gujarat HC rejects Chandola talav residents' plea against state govt's demolitions: ‘In interest of national security', state argued
The petition had been filed by about 23 residents of Siasat Nagar in the Chandola talav area, even as bulldozers and dumpers closed in for the operation.
Speaking to The Indian Express, Gujarat Advocate General Kamal Trivedi 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.'
Advocate Anand Yagnik, who represented the petitioners, contended that the demolitions were 'unconstitutional and illegal', as they were in 'violation' of the Supreme Court directive to issue notices of eviction and grant sufficient time to residents, even in cases of encroachment.
Yagnik said, 'There may be Bangladeshi nationals among the residents of the 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 1200-1500 people by tagging them as Bangladeshis, and also released 90% people 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… In case the investigation confirms that there are any illegal Bangladeshi immigrants, action can be initiated as per law.'
Yagnik also said 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. 'Those Indian nationals from Bihar, Uttar Pradesh and Madhya Pradesh who have fled out of fear and locked their homes in Chandola and around… their homes are being demolished. Some of these people have been living here for the last 60 years,' he said.
The petition had termed the action as 'illegal and unconstitutional' as no alternate arrangement for rehabilitation had been made before evicting the people. Yagnik said, 'If they have to be evicted for any other reason, the Supreme Court direction has to be followed by serving an eviction notice… The government is being run out of police stations… No court in India has confirmed any of these people as non-Indians.'
Soon after the Gujarat HC rejected the plea seeking stay, Gujarat Minister of State for Home Harsh Sanghavi took to X and said that 'Congress sympathisers' were trying to 'protect Bangladeshis and Pakistanis'. Sanghavi said on X, 'Justice served! Gujarat HC rejects Congress sympathisers' petition against govt's action on illegal migrants. Their agenda to protect Bangladeshis/Pakistanis has been foiled.'
When contacted, Dr Manish Doshi, Spokesperson of the Gujarat Pradesh Congress Committee (GPCC) told this newspaper that by 'blaming' the Congress party, which had not come out in support of illegal immigrants, the BJP was 'trying to hide its own failure'.
Doshi said, 'For the last 30 years, in Gujarat and in the AMC, BJP has been in power… It has been 11 years since Prime Minister Narendra Modi led the Central Government… Under whose watch have these illegal settlements come up? 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. The BJP likes to create a hullabaloo and not actually take action. They should be apologizing to the people of Ahmedabad, Gujarat and India.'
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