Gram rakshaks move HC in battle for survival

The petitioner group has been identified as Gram Rakshak Dal Vikas Trust from Bhavnagar district.

The trust’s petition is scheduled for hearing before the bench of Justice Abhilasha Kumari on May 10.

“The Commandant General of Home Guards,Sudhir Sinha. has passed a resolution dated March 23 stating that 6,353 Gram Rakshaks would be absorbed in the Home Guards and that from April 1,2011 the government would stop taking the services of remaining Gram Rakshaks,” petitioner’s lawyer Dilip Bhatt said,adding the resolution was passed by Sinha under the provisions of the Bombay Home Guards Act.

Detailing the grounds on which the petitioner has challenged the resolution,Bhatt said,“First of all,the scheme of Gram Rakshak Dal came into force under the provisions of the Bombay Police Act. And so,it cannot be discontinued by a resolution passed under the Bombay Home Guards Act.”

“Secondly,the Commandant General of Home Guards cannot pass such an order since the issue affects lives of 44,000 persons and it’s a policy matter. Only the state government can take a decision after considering the views of the Gram Rakshaks,” Bhatt added.

Bhatt said the resolution and the order passed by the Commandant General is devoid of the principle of natural justice. “You cannot discontinue somebody’s service even without hearing him,” said Bhatt.

The scheme of Gram Rakshak Dal has been in place in Gujarat since 1965. Gram Rakshaks assist the police during critical or extra-ordinary circumstances,mainly in rural areas,like during riots,visit of some VIPs,fairs,flood etc. The services of Gram Rakshaks are taken during these days as per the pre-decided remuneration of Rs 60 per day.