HIGH-HANDED ACTION: The court issued notice to the police officials seeking reply on the issue, they had to back-off
In a glaring example of the high-handed action of senior police officials, a trust operating two schools in Amreli—Kamani Forward High School and Jijiben Girls High School— had to move the Gujarat High Court to protect itself from having to part away with land on the school campus. The land was being sought by the police administration for installing the statue of a martyr, who was a student of the school.
Since the trust was not willing to part away with the land and was against the installation of the statue, senior police officials allegedly threatened the trust's managing trustee.
The latter was also told that they are not seeking permission from him and the statue will be installed anyhow. In fact, the construction work for the memorial was initiated on the trust's land on September 7 without the latter's permission, which forced it to approach the high court through its advocate Amit Tiwari.
However, once the court issued a notice to the concerned police officials and sought a reply on the issue, they had to back-off. The counsel for the state government submitted to the court that the police officials will not further proceed in the mater and if the school authorities approach the police headquarters, the same would be communicated to them in writing. Following the statement, the court disposed the matter.
As per the case details, the Amreli Forward School Trust on August 20 received a communication from Amreli's deputy superintendent of police seeking land to construct a memorial for a martyr, who was killed in the line of duty. It also contained internal communication of the police department.
The internal communication conveyed that the construction of memorials in schools and colleges of martyrs, who have studied there, was being done in furtherance of the guidance of Prime Minister Narendra Modi as discussed during the DGP Conference held in 2018 at Tekanpur in Madhya Pradesh. It also conveyed that the construction of memorials of martyrs would promote their bravery and strong determination among the young generation.
The trust again received a communication on August 28 to decide on the allotment of land within two days as the construction was supposed to be completed by September 30. It opposed the same clarifying that although it has sympathy for martyrs, it cannot allow the construction of a memorial on its land. The trust also wrote to the authorities to provide the necessary resolution of the government in this regard.
CONTENTIONS OF THE TRUST
- The high-handed action of the police administration was in violation of Article 300A of the Constitution, which provides no person shall be deprived of his property.
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- The decision taken in the DGP conference by itself cannot operate against private properties. Also, it was a mere suggestion to construct memorials for martyrs
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