India News Online » News Analysis » Indian Politics » 

Dargah demolition : Situation defused after Centre and court intervention

	May 08, 2006

Communal riots engulfed the historic city of Vadodara in Gujarat after an ill-advised move by the local administration to demolish a 300-year old Dargah of a sufi saint on the ground that it was causing obstruction to traffic. Six people were killed and several others injured in pitched battles among different sections as well as in police firing to disperse rioting mobs. The rioting continued in the curfew-bound town for several days and the situation improved only after the Army took out a flag march in the city to restore confidence among the people.



It did not help matters when the Gujarat High Court took suo moto action based on a newspaper report and ordered the police and other authorities to take immediate steps for the removal of encroachments by religious structures on public space without discrimination and submit their reports. The order had the potential of further worsening the situation. The Centre moved the Supreme Court against the High Court order on Thursday, May 4, and the apex court, while permitting the Centre to prefer an appeal, stayed the May 2 High Court order and the on-going demolitions in Vadodara and other cities of Gujarat.





Centre concerned at the law and order situation



Additional Solicitor General Gopal Subramaniam, quoting a Home Ministry report, informed the Supreme Court that the situation in Vadodara was tense after the violence and the Army had staged a flag march in the riot affected areas.



The Centre said it was concerned at the safety of the citizens and the law and order situation. If the High Court order was not stayed immediately, it would have not only grave consequences on the law and order situation in Gujarat but also serious ramifications for the unity, integrity and security of the nation and its secular fabric.



The appeal said the High Court order was passed without even conducting a prima facie examination of the veracity of the contents of the newspaper report and without any pleading, on record. Demolition of temples or mosques, would have a major fallout on communal harmony. The unauthorised constructions could be removed without offending the sensitivities of any group.



The Centre made it clear that it was not justifying the existence of unauthorised constructions, more so if they were encroachments on public land. However, the removal of religious structures was intrinsically sensitive, and must be subjected to scrutiny and classification before demolition. The Centre maintained that it was only interested in ensuring that the law and order situation in Gujarat did not go out of hand.



In view of the extremely volatile situation in Vadodara, the High Court order should be stayed, the appeal said.





Dargah demolition could have been avoided



In a report submitted to the Prime Minister, Minister of State for Home Sriprakash Jaiswal is reported to have said that the Vadodara administration could have avoided the demolition of the dargah in view of the people’s sentiments associated with the old shrine. Jaiswal who visited violence-hit Vadodara on Monday, May 1, is believed to have said in his report that while the district administration has the right to demolish illegal structures, decision to raze religious places, which were centuries old, should have been taken after due deliberations keeping in mind the sentiments of the people. The Minister is understood to have said in his report that the Vadodara administration officials carried out the demolition as they feared action against them from the state capital if they dithered. Jaiswal is understood to have said that the subsequent police firing to contain the mob violence following the demolition could also have been avoided.



Meanwhile, the Union Home Ministry is examining whether the 300-year old dargah that was demolished enjoyed a special status under the Places of Worship (Special Provisions) Act, 1991 that ensures status quo to religious places pre-dating August 15, 1947.



NCM asks for judicial probe



The National Commission for Minorities has asked the Gujarat Government to order a judicial probe to ascertain if police firing was unavoidable in Vadodara and if the classification of the dargah as an encroachment was correctly done. The Commission said the current situation in Vadodara arose on account of the encroachment clearance drive launched by the city municipal corporation. The Commission said it had requested the municipal authorities to confirm if there were any encroachments of recent origin at the dargah site.



Army deployment helps in restoration of peace



After two days of violence resulting in the death of six people, the Army was deployed in curfew-bound Vadodara on Wednesday, May 3. The Army was also kept on standby in Ahmedabad where tension was reported from some areas. The decision to deploy the Army was taken after Gujarat Chief Minister Narendra Modi spoke to Union Home Minister Shivraj Patil and after the Centre reviewed the situation at a high level meeting attended among others by the Army Chief, Gen. J.J. Singh. Earlier, the Centre had despatched four companies of the Rapid Action Force (RAF) and one company of Central Reserve Police Force to help the state administration in restoring law and order.



One of the more tragic incidents during the Vadodara riots was the setting on fire of a young businessman within his car. Mohd. Rafi Vora was attacked with swords by a rioting mob and his car set on fire with him inside. The mob did not give Rafi a chance to come out of the car. Vora was in the business of leasing out oil tankers.



Observers say that the Gujarat Government acted tough on the rioters after the Centre sent the clear message that it will not let constitutional constraints come in the way of taking active action to douse the communal flare up in Gujarat. At a cabinet meeting on Wednesday, May 3, many Ministers expressed the view that the Centre should be ready to move in if the situation turns out of control. Emerging from the meeting, a participant said that the overwhelming sense was that the factor that law and order is a state subject, should not be a deterrent to the Centre’s intervention. Minority Affairs Minister A.R. Antulay is reported to have told the cabinet that the happenings in Vadodara should be seen as an issue of national unity rather than merely as law and order.



Reports say that policemen in Vadodara appeared to have got active to bring the situation under control only after Gujarat Chief Minister Narendra Modi visited the riot-hit area on Wednesday (May 3) afternoon. During his visit Modi said that rioters from whatever community they may belong to, would not be spared.





Business suffers a loss of Rs.400 crore



The riots have come as a big setback for the Vadodara business community. Given that the walled city is a hub of wholesalers, the loss is estimated at around Rs. 400 crore. Rioters burnt down 17 factories, 29 shops, 33 vehicles and 20 residential houses.



Centre seeks report on religious structures



In a related development, the Centre has sought a detailed list of religious structures encroaching on public land from the Gujarat Government. In a communication sent on Monday, May 1, the day violence erupted in Vadodara, the Centre made the request under Art. 355 of the Constitution (Duty of the Union to Protect states against external aggression and internal disturbance) and Places of Worship (Special Provisions) Act, 1991



The Centre advised the state government to verify all land records before demolishing religious structures as the demolition drive may lead to communal tension both in Gujarat and outside the state.



The Centre’s opinion is based on the Places of Worship Act, which “prohibits conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on August 15, 1947”.



The Home Ministry also indicated to the Gujarat government that the information available with it reveals that the dargah in Vadodara, which was demolished, came up on the outskirts of the city and the “road came much later”.



“The basic idea of seeking details from the state government is to identify the religious structures that were in existence as of August 15, 1947, since the Places of Worship Act calls for the maintenance of the religious character of such structures,” an official said.



Ministry officials were of the view that the district administrations should demolish only those religious structures that encroach on public land after building plans and by-laws came into existence.