Gujarat High Court Warns Of Contempt Action Against Those Obstructing Crackdown On Encroachments, Illegal Parking

The Gujarat High Court on Wednesday (August 20) said that contempt proceedings will be initiated against persons who are found obstructing state government officials in implementing court's directions on removal of illegal encroachment, illegal parking and wrong side driving. 

A division bench of Justice AS Supehia and Justice RT Vachchani were hearing a plea seeking contempt action for non-compliance of orders in a 2017 PIL on traffic issues and illegal parking on public roads in Ahmedabad.

After hearing the matter for some time the court in its order dictated:

"We find that the officers who are trying their level best to see that directions issued by this court are complied and are acting in their official duties, if are stopped or prevented from carrying out their official duties...such act is contemptuous...we clarify further that any individuals who are found obstructing the officials who undertake official duties to see that directions issued by this court are complied with, they shall be arraigned as party respondents in present petition and suitable action of committing contempt of court will be initiated against them".

In its August 13 order the court had said, "a grave concern has been raised by the learned Government Pleader Mr.G.H. Virk, as well as the learned advocate Mr.Amit M. Panchal, that the Authorities, who are endeavouring to implement the directions of this Court in accordance with law, are being obstructed from discharging their duties effectively. It has further been alleged that a mala fide campaign has been initiated against them by certain unruly elements, including sections of the electronic media".

During the hearing today the court took note of the steps taken by the state authorities including the Ahmedabad Municipal Corporation during the last week. The government pleader submitted that it had installed signages at AMC plots and multi level car parkings, removal of illegal encroachments etc. He had also submitted that no vending zones have been created in the city. 

The court in its order dictated:

"We appreciate the work undertaken by authorities in last one week. At this stage amicus curiae senior advocate Bhaskar Tanna has submitted that respondent State may be called upon to frame a policy for effective implementation for directions issued by this court and also take aid of some expert. He has also submitted that the efforts shown to this court are baby steps and there is no fear of law in the offenders/miscreants who blatantly violate the traffic laws and also the rules and regulations of the respondent corporation". 

The court noted that it had in its August 6 order addressed the amicus' submissions where it had recorded that the "state government in its wisdom can always adopt such suggestions if it is required to see that the directions issued by court are implemented" and that the court in the present proceeding while exercising jurisdiction under contempt of court act cannot direct the government to implement the suggestions. 

"It is noticed by us that the respondent authorities have been taking steps, maybe baby steps, to curb the nuisance of wrong side driving, illegal encroachment, illegal parking however efforts have not totally stalled," it said. 

It thereafter referred to its August 13 order where it had recorded the obstructions were stated to be created by "some of the miscreants preventing the respondent officers in regulating the traffic and taking action against the errant public violators who have tried to prevent the officers from carrying out their official duties". 

Pursuant to this order advocate Amit Panchal appearing for the petitioner filed an affidavit pointing out the names of the "miscreants who have prevented officers from undertaking official duties in regulating traffic and also taking action against persons found driving on the wrong side". 

As per the affidavit, the court noted, an FIR had been filed against a man whose video has also gone viral who has "addressed himself as social activist and laws student and has engaged in various public causes".

"The affidavit reveals that the said youth has allegedly interfered with Traffic brigade jawans who were carrying out their official duties in regulating the traffic and taking action against traffic violators," the court said. 

The court noted that the affidavit also refers to another person who is stated to be an "activist" belonging to a political party who "has resorted to social media and levelling allegations on officials for misusing powers due to political bias". 

Meanwhile the amicus urged that strict action such persons is required to be taken. The court however said that at this stage it is not inclined to take action against these two individuals. 

During the hearing the state's counsel submitted that no vending zones had also been created in the city and also gave details of roads which have been "opened" in the last 10 days. 

Meanwhile amicus curiae Tanna argued that the authorities must also give a plan as to how the court's directions will be implemented in a time period. 

Matter is next listed on September 3. 

Case title: MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI v/s JAGADIP NARAYAN SINGH, IAS & ANR.

R/MCA/979/2019 IN R/WPPIL/170/2017