SHRC seeks report from collector on Malvan demolition: Due process of law not followed

Taking suo motu cognisance of the reports, the SHRC order  says, “The reading of the news item prima facie reflects that the due process of law has not been followed for demolition of the structure. The principles of rule of law, which is the very foundation of the democratic governance, is violated in the process.”

The report adds, “The fundamental right guaranteed into the constitution (that) provides protection to individuals from arbitrary state action was compromised. The criminal justice system which mandates the legal process should not be judge (of) the guilt of the accused has been violated and administration instead of following the doctrine of separation of powers enshrined in the constitution and treated as basic structure of the constitution, has taken steps encroaching upon the area of judiciary.”

The order refers to directions given by the Supreme Court in November 2024 that no demolition should be carried out within 15 days or time provided by municipal laws from the time a show-cause notice is issued.

The court had said that these do not apply if there is an unauthorised structure in a public place like a road or street.

The SHRC order has sought a fact-finding inquiry report from the Sindhudurg collector and Superintendent of Police on the same. The matter will be heard by a bench of Division Bench of MSHRC members retired Justice Swapna Joshi and former IPS officer Sanjay Kumar.

An official said that while the reports were published on February 25, 26 and 27, the MSHRC did not have a chairperson and member. After the new chairperson and member took charge last week, suo motu cognisance was taken by the Human Rights Committee.

On February 23, as the India-Pakistan match was ongoing in the Champions trophy, a self-proclaimed VHP worker claimed  to have overheard a 15-year-old raising “anti national” remarks.  Later a crowd gathered at the residence of the 15-year-old demanding answers.

A complaint was given to the local Malvan police station following which police filed an FIR against the boy and his parents on Monday and during the day, the civic authorities took a bulldozer and razed the tin shed scrap shop operated by the parents in Malvan. The boy’s uncle who had a shop 50 metres away was also demolished.

Malvan municipal council Santosh Jirage had earlier said that the civic authority had received a complaint from the “landowner” on the same day.

“The complaint said that the tin shed temporary structure was built on his land hence we immediately took action. We had also received a letter from MLA Nilesh Rane and the police. There were some 200-300 people gathered there. Hence, we took action,” Jirage said.

When asked if a notice was given, Jirage said that since the complaint was from the landowner, no notice was issued to the parents.

He also said that the letter did not mention when the tin shed was erected but claimed that they had complaints about its place of functioning on the same day. Photographs of the demolition were tweeted by local MLA Nilesh Rane, son of former Union Minister Narayan Rane.

The parents were eventually released on bail and police said they will file a chargesheet in the case.