On Friday (19th July), the Bombay High Court criticized the Maharashtra government for demolishing over 70 houses in the Vishalgadh Fort area in Kolhapur, where alleged communal violence erupted between two factions on July 14th. The state CM on July 15th ordered the removal of illegal encroachments from the fort, most of which are by the Muslim community.
The State’s Public Works Department (PWD) began the demolition process in the disturbed area, tearing down houses, stores, and so on on 15th July, the court heard. While the Maharashtra government maintained that it was only razing commercial structures that were not protected by a court order, the division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla directed the State not to demolish any structure, whether commercial or residential. The bench further chastised the State for starting the demolition operation during the rainy season.
“How can you raze structures during the rainy season? We make it very clear that no structure, we repeat no structure, be it a commercial one or a household, should be demolished till further orders,” the bench ordered.
State Chief Government Pleader Priyabhushan Kakade informed the court that the State was simply demolishing commercial structures that were not protected by any kind of stay order issued by a court of law.
The judges stated that they would record the statement and that if there was a violation, the officers involved would be held accountable. “We will record your statement, and if there is a breach, we will take strong action against your officials. We will not hesitate to send the officers to jail,” Justice Colabawalla stated orally.
Furthermore, Advocate Satish Talekar, appearing for the encroachers, showed the judges a video of the alleged violence, which he claimed was allegedly caused by a call from former Member of Parliament (MP) Sambhaji Raje Chhatrapati, who allegedly asked his followers to free the Vishalgadh fort area from illegal encroachments. He claimed that individuals armed with sticks and hammers identified themselves as “Shiv Bhakts” and attempted to demolish the Raza Sunil Jama Masjid in Gazapur within the fort region. He claimed that the police stood there as mute bystanders.
After viewing the video, the bench inquired with Kakade about the actions taken in response to the violence. “What is this? Who are these men?” Justice Colabwalla addressed Kakade, who stated that he had no idea what the petitioner was telling the justices because Talekar had not served anything to the State.
“They are clearly not your officers. However, as a state, you are responsible for maintaining law and order. Where’s the law and order here? We want to know if a FIR was filed or if any action was taken,” the bench stated.
As a result, it directed the Senior Police Inspector of the Shahuwadi Police Station in Vishalgadh to personally appear in court on July 29th and explain what action was taken against the alleged attackers. The next hearing will be on July 9th.
What happened at Vishalgadh?
The Kolhapur district administration on the 15th of July evening began removing illegal encroachments from Vishalgadh Fort in Kolhapur, amidst heavy police presence. This is after the state CM ordered the removal of illegal encroachments from the fort, most of which are by the Muslim community.
The administration notably responded to protests organized by Sambhajiraje Chhatrapati, a former Rajya Sabha MP and descendant of Chhatrapati Shivaji Maharaj. The former MP had organized a massive protest on 14th July after the state administration failed to take action against the illegal encroachments. The enraged protesters reached the foothills of the fort on Sunday, 14th July, and created a ruckus in the Gajapur area, allegedly vandalizing properties and a local Masjid. Several videos of the same have been going viral over the internet.
Earlier, similar protests were organized by Sakal Hindu Samaj on 7th July where hundreds of Hindu activists and Maratha loyalists reached the foothills of the fort and demanded action against illegal encroachment. However, it was after the massive protest and alleged violence on 14th July that the state CM responded and ordered the district administration to take down all the illegal encroachments, by both the Hindus and the Muslims.
It is believed that the population located on the fort of Vishalgadh, most of which is Muslim, has been involved in carrying out alleged illegal encroachments, construction, or expansion of the Masjid. The population there has also for years constructed illegal sheds, further expanding the businesses of chicken and cattle slaughters.
Following the alleged violence on 14th July, Sambhajiraje personally arrived at the location and declared that he would not leave until the encroachments were removed. He said there were 158 encroachments in total, just six of which were being litigated in court. “Why is no action being taken against the rest?” he inquired.
However, Sambhajiraje and his followers have time and again stated that the issue of illegal encroachments on Vishalgadh is not at all communal and that they are demanding the removal of encroachments by both, the Hindus and the Muslims living on the fort. “We want to remove all encroachments, including those by Hindus and Muslims. I know what secularism is and nobody needs to teach me that,” Sambhajiraje said.
Earlier detailed reports covered by OpIndia can be read here and here.
