Ahmedabad : The Gujarat High Court has directed the state government to ensure a Muslim trader is allowed to access and operate his legally owned shop located in a Hindu-majority locality in Vadodara, reported the Times of India. The court reminded the government that it is its constitutional duty to maintain law and order and protect citizens’ right to carry on their livelihood without fear or discrimination.
The order was issued by Justice H.D. Suthar in favor of petitioner Onali Dholkawala, who has been facing relentless obstruction from local residents ever since purchasing a shop near Champaner Darwaza in 2016. Although he acquired the property legally from two Hindu brothers, the registration process faced delays due to the area falling under the Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, which mandates permission from the district collector.
Despite getting the sale deed registered in 2020 after a previous court order, Dholkawala continued to face hostility. Locals challenged the sale solely on religious grounds, arguing that allowing a Muslim to own property in the area would disrupt the “demographic balance” and lead to communal tensions.
In February 2023, the high court dismissed the residents’ plea and imposed a ₹25,000 fine on each of the two litigants, stating they were “thwarting his attempt to enjoy the fruits of the property which he successfully purchased.” However, the harassment did not stop. Debris was dumped in front of the shop to prevent Dholkawala from opening it, and despite repeated appeals, local police failed to provide him protection.
The latest petition sought police assistance to help him enter the premises, carry out repairs, and run his business. The court has now ordered the state authorities to take immediate steps to facilitate his rightful access and ensure his safety.
This case once again highlights the challenges faced by minority communities in exercising basic rights in communally sensitive areas and the crucial role the judiciary plays in upholding constitutional values.
