Vishalgad violence: Bombay HC raps police and authorities over law and order situation, summons cop to explain action taken

“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. We would like to know, we are not blaming officers so far as to what action police took with reference to this case,” the bench said.

“We record your statement that you will not demolish till September (rainy season), 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 bench told Government Pleader Priyabhushan P Kakade.

After watching a video shown by the petitioner related to the law and order situation at Vishalgad Fort, the bench asked, “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 bench asked the senior inspector of the Shahuwadi Police Station to remain present before it on the next hearing to be held on July 29 and inform it about the action taken against those seen in the video.

The bench was hearing a plea by residents of Shahuwadi Taluka in the Kolhapur district seeking direction from the court to constitute a Special Investigation Team (SIT) headed by a former high court judge to probe into the alleged violence by right-wing activists.

The petitioners, through advocate Satish B Talekar sought an urgent hearing and claimed 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.

The petitioners claimed that 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 residents sought to amend their earlier plea of last year against the Maharashtra Archaeology Department’s notices that directed seven people to demolish their structures within the Vishalgad Fort area.

In February last year, a bench led by Justice Gautam S Patel (now retired) stayed the notices and directed no coercive or demolition action against the said petitioners and the same was continued from time to time. As per the petitioners, the demolition was in progress despite the stay order.

The amended plea also sought direction to restrain respondent authorities from demolishing any of the houses, shops or any other structures, including the Hazrat Peer Malik Rehan Dargah at Vishalgad, pending final disposal of the petition.