HC issues notices to Guj Govt in Vadodara dargah case

Ahmedabad, Mar 29 (UNI) The Gujarat High Court today issued a notice to the state government over a writ petition filed in connection with the Vadodara dargah communal riots case of May 2006.

One Arif Mohammad had filed a case in the High Court about six months ago against the then Vadodara Mayor, Standing Committee Chairman, Commissioner of the VMC, Commissioner of Police under the Indian Penal Code (IPC), charging them with spreading hatred and enemity between Hindus and Muslims.

The VMC's action in removing the dargah had resulted in a flare-up between the two communities, he had alleged.

He had also contended that the dargah which is more than 100 years old, was not encroaching on the main road nor was it an illegal structure.

The court had then issued a notice to the state over the demand for prosecution of the officials, as it was mandatory for the state government's permission before firing cases against high-ranking officials.

An official of the rank of Joint Secretary (Home) rejected the application for giving the go-ahead for the prosecution.

Arif then filed a fresh petition in the High Court challenging the Jt Secretary's powers to decide over the issue and refusing permission for the prosection. Arif contended that only an official of Cabinet Secretary can decide on the matter.

Justice M D Shah today issued the notice to the state, which is returnable by April 23.

UNI