Mumbai: The Bombay High Court rapped the Maharashtra government and the police on Friday for demolition of alleged “illegal encroachments” around the Vishalgadh Fort in Kolhapur and the alleged violence on July 14.  The high court directed the senior inspector of the Shahuwadi Police station to remain present before it on July 29 to inform about the action taken by the police against those involved in the violence. 

The judges also warned that it would “come down heavily on authorities” if any residential or commercial structure was demolished in the Vishalgadh area from Friday. State advocate PP Kakade, on instructions from an officer, assured the bench that, as per the State government’s circular, no residential premises in the Vishalgad Fort area shall be demolished during the rainy season, whether they are petitioners or otherwise.

Asking for the police officer in-charge of the local police station, the bench asked Kakade to ask the officer to remain present on the next date of hearing. “Who is in charge of the law and order situation in Vishalgad? We would like the senior inspector of the said police station to come before us,” a bench of Justices BP Colabawalla and Firdosh Pooniwalla said. 

The court also said it was recording Kakade’s assurance that no further demolition would take place in monsoon. “We record your statement that you will not demolish till September, and if the same is breached, we will not hesitate to send the officer behind bars. We make it clear that if we find any structure demolished from today, commercial or household, we will come down heavily on your officers/ authorities,” the judges added. 

The HC was hearing a petition by some of the residents of Shahuwadi Taluka in Kolhapur urging the court to form a Special Investigation Team (SIT), headed by a former high court judge, to probe into the alleged violence by right-wing activists. Advocate for the petitioners Satish Talekar, showed a video to the court of the alleged violence  and the law and order situation at the Fort premises. 

Questions over law and order

“Where is the law and order? These are not your (state police) officers, right? So who are these men? Are you not responsible for maintaining law and order in the State? We want to know if any FIR is lodged in this matter,” the judges asked. The court then directed the senior police inspector to remain present in the court on July 29 and inform regarding the action taken against the persons in the video. 

Talekar has sought an urgent hearing alleging that “the right-wing activist led by Maratha Royal and former member of Rajya Sabha, Sambhaji Raje Chatrapati gathered at the base of Vishalgad Fort knowing fully well that prohibitory orders were issued by the Tehsildar, Shahuwadi”. They claimed the district administration had deployed police at the base of Fort to prevent ‘right-wing’ activists from going to Vishalgad so that Muslim residents and their properties would be protected.

Prohibitory orders violated?

Despite prohibitory orders proclaimed by the tehsildar of Shahuwadi, the police allowed at least 100 protesters to climb the fort leading to “an atmosphere of chaos and lawlessness prevailed in the village for almost two hours”, the plea alleged. The petitioners also sought to amend their earlier petition, filed in 2023, against the notices issued by the State Archaeology Department directing seven people to demolish their structures within the Vishalgad Fort area. They contended that the 300 acre Vishalgad Fort precinct was declared a protected monument only in 1999 while petitioners have been residing there since decades

They had sought stay on the demolition of the houses, shops or any other structures, including the Hazrat Peer Malik Rehan Dargah at Vishalgad. The HC, in February 2023, stayed the notices and directed no coercive or demolition action against the said petitioners.