Incorrect To Say Vishalgadh Violence Was 'State-Sponsored' Violence: Maharashtra Govt Tells Bombay High Court

In a bid to defend itself from the criticism following the communal violence at the Vishalgadh Fort area in Kolhapur and the subsequent demolition drive to pull down allegedly 'illegal' structures of a particular community, the Maharashtra Government on Friday denied all the allegations made against it and told the Bombay High Court in clear terms that whatever violence took place was "not a State-sponsored violence."

This comes on an affidavit filed by the State through Dr Vilas Wahane, Assistant Director, Directorate of Archaeology and Museums, Pune before a division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla, refuting various allegations levelled by the petitioners against the State government.

"It is submitted that the concerned officers have done their level best to control and to maintain the law and order situation at village Gajapur which is located at the foothill of Vishalgad Fort and about 3.5 KM away from Vishalgad. The same has been narrated in great detailed in the affidavit filed earlier (read story: violence broke out during rain was difficult to control miscreants). The petitioners are encroachers of government land at Vishalgad Fort and have no locus to question the actions taken by the Respondents at village Gajapur. The Respondents have a strong objection against the language used by the petitioners by calling it a 'State sponsored violence' and by making blatant false and baseless allegations against the present Government," the affidavit reads.

Further, the affidavit highlights that the State has resolved to provide financial assistance of Rs.1,00,49,990 to the 'affected persons of Gajapur' vide a government resolution issued on August 2, 2024.

In its affidavit, the State emphasised that the petitioners are 'encroachers' on government land and have been illegally occupying the land belonging to the government and have made illegal constructions thereon. It pointed out that the petitioners have no legal right over the said land and are not entitled to any relief as prayed for in the instant petitions. 

To the allegations that the State was only targeting the Muslim community properties, the State clarified, "The process of removal of encroachment on Vishalgad Fort was undertaken after following the due procedure of law and after issuing notices to all the encroachers and after granting opportunity and sufficient time to all the encroachers and persons interested. It is submitted that, the encroachment and illegal construction been removed by the authority irrespective of their being of any particular community. The Respondents have a strong objection to the false baseless and reckless allegations made by the petitioners against Government of Maharashtra. I deny the said allegations and make it clear that same action and same process is followed by the respondents against the encroaches respective of their religion."

The affidavit further refuted the allegation that the authorities were trying to cause harm to the Dargah or attempting to shift the Dargah near the Vishalgadh Fort in some manner. It stated that the authorities only objected to the killing of animals near the Dargah as the slathering and cooking of birds and animals in the vicinity had only caused dirt near the Vishalgadh Fort region.

"It is submitted that Vishalgad Fort holds significant historic importance and public emotions are attached with Vishalgad. The actions taken are in accordance with law. Merely because there were demands from public, the same does not vitiate the action which is otherwise in accordance with law. I submit that the decision to prohibit the killing of animals was taken in accordance with the provisions of the law. The killing and cooking of birds and animals in the region has caused great damage to the sanctity and beauty of the Vishalgadh, a protected monument," the affidavit states.

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

The High Court on July 19 on petitions filed by several locals, had stayed the demolition drive of the State.