Ahmedabad: Gujarat High Court on Monday stopped Bhagal (Jagana) village panchayat from initiating demolitions at the behest of Anti-Terrorism Squad (ATS) against the families of a couple arrested in July on charges of terrorism and anti-national activities.On July 2, ATS arrested eight persons, including Mudassir and Ahmed Gaziwala and Mufti Fauzan Daauva from Bhagal village in Banaskantha, accusing them of being a part of a network of the proscribed Pakistan-based militant outfit, Jaish-e-Muhammed. On July 13, the village panchayat issued notices to the Gaziwala and Daauva families asking them to furnish documents related to their two properties. The families were required to show that they are not encroachers. Interestingly, the notices mentioned that they were issued under the instructions of ATS.These families approached the high court expressing apprehension that their properties would be demolished. They complained that the notices were issued at the instance of ATS.Justice Nikhil Kariel questioned the panchayat’s lawyer on how the police agency was related to the panchayat’s activity. The petitioner’s counsel submitted that ATS was involved with reference to an FIR against the petitioners’ sons alleging that they were involved in terrorism and anti-national activities. He cited Supreme Court’s orders restraining civic authorities from resorting to such action and directing them to follow the legal procedure.Upon HC’s query, the panchayat’s lawyer conceded that the notices were possibly issued “under some misconception”. He also submitted that the panchayat would withdraw the notices, and if it wanted to take action, it would resort to Section 105 of the Panchayat Act or any other relevant provision. Section 105 deals with encroachments and obstructions on public land and empowers the authority to clear encroachments and penalise the offenders.As the panchayat contemplated withdrawing the notices, HC ordered, “Notices in both the petitions are quashed and set aside. This would, however, not preclude the panchayat from taking action in accordance with law under Section 105 of the Panchayat Act or any other provision.” HC clarified that whatever action the panchayat intended to take regarding the properties of the accused’s family, it “shall be strictly in accordance with law”.
