HC rejects plea seeking stay on demolition in Ahmedabad slum from where 890 were picked up in drive against illegal immigrants

In the urgent hearing held before the Gujarat HC Tuesday afternoon in the petition filed by about 23 residents of Siasat Nagar in the Chandola talav area, even as bulldozers and dumpers closed in for the operation, the Gujarat HC refused to grant a stay and considered the submission of the state government that the demolition was not a “regular drive against encroachment” but against “specific input” of illegal immigrants.

Speaking to The Indian Express, Advocate General Kamal Trivedi, who is party to the state affidavit submitted in the court, 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.”

A release from the state government, on Tuesday, said that a high-level meeting was held on April 25 in order to address the issue of illegal immigration (Express)

Advocate Anand Yagnik, who represented the petitioners, contended that the demolitions were “unconstitutional and illegal” as it was in violation of the Supreme Court directives to issue notices of eviction and grant sufficient time to residents even in case of encroachments.
Yagnik said, “There may be Bangladeshi nationals among the residents of the (Chandola lake) 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 1,200-1,500 people by tagging them as Bangladeshis, and also released 90% of them 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…”

Yagnik also contended 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. Yagnik said, “Some of these people have been living here since the last 60 years… The petition contends that even if (the petitioners) are living in homes built illegally around the Chandola Talao, we should be given reasonable time for eviction after being served an eviction notice and thereafter, our homes be demolished as per the Supreme Court directions … But no notice has been issued to us. We are Indian nationals and we have been living here for over 60 years… We are residents of the area since before 2010 and therefore, covered under the Gujarat government’s slum rehabilitation scheme…”

The petition also termed the action as “illegal and unconstitutional” as no alternate arrangement for rehabilitation had been made. Yagnik said, “The government is being run out of police stations… It is illegal and unconstitutional. No court in India has confirmed any of these people as non-Indians…”

What the state government’s affidavit said

The preliminary affidavit filed in the HC by the state — signed by Ahmedabad Deputy Commissioner of Police (Crime), Ajit Rajiaan — “denied in totality” the contentions of the “malicious petition”, stating that there “are no legal structures within the historic Chandola lake” as the Ahmedabad civic body has never given any development permission to any person. The “obstructions created are to carry out a variety of illegalities,” it further stated. The petition also stated that most “obstructions have been abandoned and easily removed” since 8.30am on Tuesday without any untoward incident.

According to the affidavit, “In the petition, not a single document to evidence any legal authority to construct or develop (in the area) has been produced. Over time, the lake came to be used for a variety of illegalities, including harbouring Bangladeshi aliens and other anti-national elements. Furthermore, the lake has also been a hub of illegalities such as large-scale prostitution, including coercing minors into prostitution, drug trade, money laundering, forgery of identification documents… It is also stated for the record that, recently, four Bangladeshi immigrants belonging to an Al Qaeda module having links to Chandola Lake were also arrested.”

The affidavit of the state government cites “sensitivity of the intelligence operations presently underway” to seek leave to “not disclose any specific particulars…in the national interest and in the interest of national security.”

The affidavit raised doubts over the “existence” of the petitioners as three petitioners have been identified as Tajma Amir Shaikh, aged 40, without any addresses stated in the petition. The state informed the court that the Ahmedabad police carried out a name-based verification of the petitioners, after the petition was served at 1 am on Tuesday.

“It is specifically and clearly stated on affidavit that none of the Petitioners are residing at Chandola Lake, and in fact, (the state) is unable to even locate, identify or confirm the existence of any petitioners,” the affidavit stated. The reply of the state raised suspicions over the nationality of the petitioners and stated, “Based on intelligence feedback gathered by the (state), it is respectfully submitted that the petitioners, if at all they do exist, would not be Indian citizens; and, in all likelihood, are Bangladeshi illegal aliens.”

The affidavit further said, “…the address or residential particulars of none of the petitioners has been provided in the petition… Aadhaar card is not verified due to paucity of time but appears to contain incorrect particulars… the captioned petition is nothing but an attempt to foist a petition based on non-existent petitioners.”

The state also placed on record that the action initiated in the Chandola Lake area was in wake of the Pahalgam incident “for maintaining the safety and security of the people (Express Photo)

The state also placed on record that the action initiated in the Chandola Lake area was in wake of the Pahalgam incident “for maintaining the safety and security of the people at large of the State as also protecting National Security, and cannot be hounded by the principles of natural justice”.

A release from the state government, on Tuesday, said that a high-level meeting was held on April 25 in order to address the issue of illegal immigration. “As per the directions of the Chief Minister and the Minister of Home, and under the guidance of the DGP and Commissioner of Police (Ahmedabad), decisions were taken to raze the encroachment on the government property near Chandola Talav in order to crack down on illegal activities and also arrest the chances of illegal immigration in the future…”

The release also said that during the verification of documents and interrogation of the suspects, it came to light that a man named “Lalu Bihari facilitated rent and lease agreement for Bangladeshi nationals and also acquired electricity connections for them… Therefore, Lalu Bihari and his son have been booked and arrested.”

Minister targets Congress, party hits back

Soon after the HC rejected the plea, Gujarat Minister of State for Home, Harsh Sanghavi took to X and said that “Congress sympathisers” were trying to “protect Bangladeshis and Pakistanis”. Sanghavi posted, “Justice served! Gujarat HC rejects Congress sympathizers’ petition against govt’s action on illegal migrants. Their agenda to protect Bangladeshis/Pakistanis has been foiled.”

Dr Manish Doshi, Spokesperson of the Gujarat Pradesh Congress Committee (GPCC), told The Indian Express that by blaming the Congress, which had not come out in support of illegal immigrants, the Bharatiya Janata Party (BJP) was “trying to hide its own failure”. Doshi said, “For the last 30 years, in Gujarat and in the Ahmedabad Municipal Corporation (AMC), BJP has been in power… It has been 11 years since Prime Minister Narendra Modi has been leading the Central government… Under whose watch have these illegal settlements come up?”
He further said, “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. BJP likes to create a hullabaloo and not actually take action. Blaming the Congress is the way BJP wants to conceal its own failure. They should be apologising to the people of Ahmedabad, Gujarat and India…”