Surat Demolition Row: Gujarat High Court Says Police Should Have Intervened When Municipal Corporation's Demarcation Turned Into Demolition

While hearing a plea over a demolition drive in Surat, the Gujarat High Court prima facie observed that when Police bandobast was sought for a demarcation activity and under the guise of demarcation if demolition was being carried out by the Municipal Corporation, then it was the duty of the police officials present at the site to intervene and prevent the activity. The court further prima facie noted that under the garb of demarcation, Surat Municipal Corporation's officials had demolished the properties of some of the petitioners and other residents. Meanwhile, the Municipal Corporation has initiated an inquiry into the matter, claiming that the demolition was not carried out by the officials under any authority of the Corporation.During the hearing on Monday (June 29), the government pleader submitted before Justice Nikhil S Kariel an affidavit filed by Commissioner of Police, Surat City in compliance of the court's oral directions on June 25 regarding the demolition drive. The Government Pleader submitted that based on the complaint filed by one of the petitioners, the police machinery had activated itself and statements of around 10 persons, including of police officers have been recorded.The Court however said it is prima facie not satisfied with the affidavit."Prima facie it would appear to this Court that the Commissioner of Police, of a City, upon knowing of such an activity i.e. a large scale demolition, which prima facie was without any authority of law, was not required to wait till a formal complaint is filed and ought to have taken appropriate steps immediately. Learned Government Pleader seeks some time to respond to the said observations of this Court also," the court noted in its order. Explaining the presence of the Police Officials at the site, the Government Pleader further submitted that they were requisitioned by the Municipal Corporation to ensure there is no law and order situation, more particularly since certain apprehension had been raised Police Inspector.As against this, the Court observed,"...police protection was required only for demarcation purpose and for nothing else. It clearly appears that under the garb of demarcation, the Corporation's officials had demolished the properties of some of the petitioners and others."Upon court's query, Government Pleader submitted that the police officials' job was to ensure that there was no law and order situation and whereas they were not required to take a call as to whether the action taken by the Corporation was in accordance with law or not. On this the court said: "Prima facie it would appear to this Court that when Police Bandobast had been sought for a demarcation activity and under the guise of demarcation, if demolition was being carried out, it was the duty of the police officials not to support such an illegal activity and considering the seniority of police officials present at the site, they should have intervened and ensured that such illegal activity ought not to have been permitted to be carried out. Thus, the submissions of the learned Government Pleader may not be prima facie be acceptable". The Government Pleader thereafter sought some time to respond to the court's prima facie observations, by filing an affidavit or including the same in the further affidavit to be filed by the Police Commissioner, Surat.Meanwhile the Advocate General Kamal Trivedi appearing for the Surat Municipal Corporation, tendered a copy of a note by the Municipal Commissioner and said that the demolition was not carried out by the officials of the Corporation under any authority of the Corporation. He said that an appropriate inquiry had been ordered and whereas it is submitted that a report is likely to be tendered during course of the day and whereas Advocate General would seek for some time to produce before this Court the action taken report basis on the report submitted by the Inquiry Committee. The Advocate General would further submit that having regard to the oral directions of the Court, the Corporation has ensured that accommodation is provided to all the victims of the demolition in question. It was submitted that a Community Centre of the Surat Municipal Corporation, which is near the demolition site, has been activated as a community shelter and whereas the Corporation is ensuring that appropriate hygiene as well as medical facilities are being made available.Meanwhile the counsel for Torrent Power Ltd. submitted that as regards the requisition received which led to the electricity connection being disconnected, some officers of the company had received a phone call as regards the proposed demolition and by the time its officials reached the site, demolition activity had already started and the electricity meters had been damaged. Thus, they had taken a proactive steps to disconnect electricity so as to ensure that there is no harm to life or property."Prima facie to this Court it would appear that ...

Surat Demolition Row: Gujarat High Court Says Police Should Have Intervened When Municipal Corporation's Demarcation Turned Into Demolition

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Surat Demolition Row: Gujarat High Court Says Police Should Have Intervened When Municipal Corporation's Demarcation Turned Into Demolition

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