A view of the Bombay High Court in Mumbai. File | Photo Credit: The Hindu
Bombay High Court on July 19 slammed the Maharashtra government for demolishing around 70 structures in the Vishalgad Fort area in Maharashtra’s Kolhapur, where the communal violence erupted and ordered not to pull down any structures be it commercial or household.
On 14 July, violence flared during a ‘Chalo Vishalgad’ march held by former Rajya Sabha MP Sambhajiraje Chhatrapati against alleged encroachment on the fort. The next day, the State’s Public Works Department (PWD) initiated an anti-encroachment drive and razed houses and shops in the area.
While hearing the petition filed by Maqbul Ahmed Mujawar and others, the residents of Vishalgad, the division Bench of Justices Burgess Colabawalla and Firdosh Pooniwalla asked the State government why structures were razed during the monsoon. The Bench said, “We make it clear not a single structure, be it commercial or a household one, to be brought down till further orders.”
State Chief government pleader Priyabhushan Kakade informed the Court that only commercial spaces were demolished, and not a single structure protected by a stay order of the court was touched. The court responded by saying, if there is any breach in this statement, then it will not hesitate to put the concerned officers in jail.
According to the petition, the protestors armed with hammers were allowed to climb the fort in the presence of police and Prohibitory Orders in place. It also mentioned miscreants raised communal slogans, roughed up the locals, including women and children, and damaged vehicles.
The petitioner’s lawyer Sunil Talekar also presented a video of the violence in the Court. He told the judges that the right-wing organisations that identified themselves as “Shiv Bhakts” attempted to destroy the Raza Sunil Jama Masjid in the Gajapur area, near Vishalgad, and the police did nothing.
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After watching the video, the Court ordered the senior police inspector of Shahuwadi police station to be present for the next hearing. Justice Colabawalla asked Mr. Kakade, “Who are these men, they aren’t your officers? Isn’t maintaining law and order in the State your responsibility? Where is the law and order here?”
Further Court added, “We would like the Senior Police Inspector of Shahuwadi Police Station to remain present on the next occasion and explain to us what action, if any, the police have taken against the persons in the video shown to us today.” The next hearing will be on July 29.