Jammu and Kashmir
,
Gol Gujral
,
Jammu
Published :
Nov 2021
|
Updated :
Jammu Development Authority Demolishes Gujjar Madrassa, 80 Affected Families Allege 'Selective Targeting'
Reported by
Rabiya Bashir
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2017
Year started
0
Land area affected
Households affected
People Affected
2017
Year started
0
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Communal/Ethnic Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Communal/Ethnic Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On December 4, 2017, the Jammu Development Authority (JDA) bulldozed a madrassa in the Gol Gujral area in Jammu. The madrassa was attended by at least 80 Gujjar and Bakerwal families living in the area. Ashraf Khatana, a resident local, told the media that a team of JDA officials and the police arrived in the area with a bulldozer early morning and within no time took down the madrassa and allegedly desecrated holy scriptures. We pleaded with them to stop the demolition, reminding them of assurances given to us by the government in 2015 when the JDA demolished over 50 hutments belonging to our community. Then, too, the situation had got out of control when the authorities tried to demolish a madrassa, Khatana said. As news about the demolition spread, people came out and reportedly attacked the JDA employees, triggering massive clashes between the police and the protesters. Six policemen, including Station House Officer (SHO) Ratan Singh Rana, were injured. We were not given any prior notice by the JDA, nor did the police pay heed to requests from the local imam (cleric) who had asked for some time to at least shift the religious books, Khatana added. As the situation worsened, the government ordered the transfer of the SHO and had to rush Additional Deputy Commissioner of Jammu Arun Manhas to the spot to assure the protesters of an inquiry into the incident. The Gujjars have been demanding the reconstruction of the singlestorey madrassa. A JDA official, on the condition of anonymity, told LCW that the encroachment drives have been going on for a long time. We have been given general instructions by the government to demolish all illegal structures on government land, he said. Following the demolition, the protesters and local organisations accused the government of selectively targeting Muslim families. According to Shuja Zafar, chairperson of the Jammu Muslim Front, a number of religious places and community facilities belonging to different communities have come up on either side of the Tawi river during the last 3040 years. If they are claiming that the entire area has been illegally occupied, why was only the madrassa demolished and why were only hutments of the Gujjar community bulldozed in 2015? This is clear discrimination against our community, Zafar said. The Gujjar and Bakerwal communities in the region have been increasingly facing evictions under the guise of development and retrieval of encroached state land, he added.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Demand to rebuild the madrassa

Region Classification

Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Jammu Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Rabiya Bashir

Rabiya is an independent journalist based in Srinagar, Jammu and Kashmir, having completed her Master’s in Journalism and Mass Communication. With a field experience of seven years, she has worked with regional and national media houses in Delhi and Srinagar. Her work focuses on environment, politics, women, health, culture and human rights, with her primary focus being on climate change, renewable energy, forest, food security, sustainable food and agriculture.

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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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