Bombay High Court Halts Maharashtra Govt's Demolition Drive In Communal-Violence Hit Vishalgadh Fort Area Of Kolhapur

The Bombay High Court on Friday pulled up the Maharashtra government for demolishing around 70 structures in the Vishalgadh fort area in Kolhapur where communal violence broke out between two groups on July 14.

A communal violence broke out between Hindus and Muslims in Vishalgadh fort area on July 14 and from July 15 itself the State's Public Works Department (PWD) initiated demolition process in the disturbed area, pulling down houses, shops etc., the court was told.

While the Maharashtra government maintained that it was only razing commercial structures, which aren't protected by any court order, the division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla ordered the State not to pull down any structure be it commercial or a household one. The bench even slammed the State for initiating demolition process during rainy season, which is against the State's own notification.

"How can you raze structures during 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's Chief Government Pleader Priyabhushan Kakade told the court that the State was only demolishing commercial structures which aren't protected by any kind of a stay order by any court of law.

The judges said they will record the said statement and if there is any breach, it will haul up the concerned officers.

"We record your statement and if there is any breach, we will come down heavily on your officers. We will also not hesitate to put the officers concerned in jail," Justice Colabawalla orally remarked.

Further, Advocate Satish Talekar appearing for petitioners showed the judges a video of the violence, which he claimed was after a call from former Member of Parliament (MP) Sambhaji Raje Chhatrapati, who allegedly asked his followers and right wing groups to free Vishalgadh fort area from the alleged "encroachments" by the Muslims. He contended that the right-wing groups, armed with sticks, hammers etc. identified themselves as "Shiv Bhakts" and attempted to demolish the Raza Sunil Jama Masjid at Gazapur in the fort area itself. He alleged that the policemen stood there as mute spectators.

Having seen the visuals, the bench sought to know from Kakade, as to what action was taken with regards to the violence.

"What is this? Who are these men?" Justice Colabwalla asked Kakade, to which he responded that he was unaware what the petitioner was showing the judges as Talekar had not served anything to the State.

"They are obviously not your officers. But you as a State have the responsibility to maintain the law and order. Where is the law and order here? We want to know if any FIR is lodged or if any action is taken," the bench said.

Therefore, it ordered the Senior Police Inspector of Shahuwadi Police Station in Vishalgadh to personally remain present in the court on July 29 and explain what action was taken against the violence mongers.

The matter will be next heard on July 9.

Case Details: Saluddin Habeeb Shah vs State of Maharashtra (WP/2699/2023)