News Of Ostracization Of Migrants By Gram Panchayat In Punjab Village Is False, Committee Formed Should Ensure No Such Incident Takes Place: HC

The Punjab & Haryana High Court has made it clear that the news "with regard to ostracization of migrants by way of a resolution passed by the Gram Panchayat is false," however the committee constituted must ensure that no such incident takes place.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "...the Committee of five members, so constituted by the Sub Divisional Magistrate, Kharar, should not only look into the aspect of security, dignity, life and liberty of the migrants, but also ensure that the migrants assimilate in the society belonging to the residents of that place and no such occasion of ostracization takes place."

"It is reasonable to expect that original residents of the village as well as migrants ought to live hand in hand and both the communities need each other for making complete and peaceful society," the Court added. 

The Court was hearing a PIL seeking direction against the alleged "arbitrary and unlawful actions of the gram panchayat of Mundho Sangtian village, Tehsil Kharar, District S.A.S. Nagar, which passed a resolution barring migrant labourers from residing in the village, using common resources, and accessing local shops. "

"This resolution affecting approximately 300 migrant citizens, promotes racial hatred and social ostracism, violating their fundamental rights under Articles 14. 19, and 21 of the Constitution of India," the plea added.

The Petition also relied on a news article published on August 01, which stated that the resolution of Panchayat specifies that migrants will be denied rental accommodation in the village. Existing migrant residents have been given a few days' timeframe to vacate the village. According to reports, there are currently five families renting homes in the village, comprising approximately 15 to 20 individuals.

However, after issuing notice, Punjab Government filed an affidavit sworn by Gurmander Singh, Sub Divisional Magistrate, Kharar, Mohali, revealing that an inspection of the concerned area was carried out by the Deputy Superintendent of Police, Mullanur Garibdas, and it was found that "no such resolution was passed by the Gram Panchayat."

"It appears to be a false newspaper report," the Court observed.

The Punjab Government also constituted a committee of five officials i.e. Deputy Superintendent of Police; Tehsildar Kharar, Naib Tehsildar, Majri/Gharuan; Executive Officer, Municipal Council, Kharar/Kurali/Gharuan/Nawan Goan (for urban area) and Block Development & Panchayat Officer, Kharar/Majri (for rural area) to look into the matter and also to ensure that the security, dignity, life and liberty of the migrants is not put to jeopardy.

In the light of the above, the plea was disposed of.

Mr. Angrej Singh Sarwara, Advocate with Mr. Vaibhav Vats, petitioner in person.

Mr. Gagneshwar Walia, Addl. Advocate General, Punjab.

Mr. Imaan Singh Khara, Advocate, for respondent No.8.

Title: Vaibhav Vats v. State of Punjab and others

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