HC sends notices to officials

The demolition of Champaner Dargah that had led to riots in the walled city areas of Vadodara more than three years ago may haunt political leaders and bureaucrats again. For, Gujarat high court has issued notices to the then mayor, municipal commissioner, police commissioner of the city on a petition filed by one Mohammad Arif Shaikh.

The demolition of the dargah had led to communal riots in areas such as Mandvi gate and Pani Gate on May 1, 2006. Two people were killed and many others were injured in the riots. Justice KS Jhaveri of Gujarat high court issued notices on the petition filed by Shaikh, who moved the high court after his plea to prosecute the key administrators of the city had been turned down by the state government. Those who have been issued the notices by the high court are the then mayor Sunil Solanki, the then municipal commissioner Rohit Pathak, the then police commissioner Dipak Swaroop, and the then chairman of the standing committee Dinesh Choksi.

Earlier, Shaikh had moved an application before the state government to take criminal action against the mayor, municipal commissioner, police commissioner and chairman of the standing committee under section 153A of IPC. According to section 153A of IPC, one can file a complaint against those who are promoting enmity between different groups on grounds of religion, race, place of birth and language.  

However, the consent of the state government is necessary before criminal action against certain officials is taken. The state government had turned down Shaikh’s application in 2007. He then approached the high court through his counsel Mukul Sinha, praying that the court direct the government to give its consent for criminal action against the officials. The dargah was demolished during a drive undertaken by the Vadodara Municipal Corporation to remove encroachments on city roads. As part of the drive, VMC officials decided to demolish Champaner Dargah located near Champaner gate in the wall city. 

The decision to demolish the dargah created tension among members of the minority community. The city’s administrators had to come under flak of secular forces following the incident. When  contacted, former mayor Solanki said: "I have received the notice and will take legal recourse by hiring an advocate." He reiterated his stand as being non-communal.  "I remained non-communal and our only goal was development at that point of time. We had also ordered to demolish Hindu shrines that encroached upon roads."

The high court has posted further hearing of the case on August 21.