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Bombay High Court Halts Demolitions Near Vishalgad Fort, Criticizes Maharashtra Government for Communal Violence

22 Jul. 24: In a landmark decision, the Bombay High Court has ordered an immediate cessation of demolitions around the historic Vishalgad Fort in Kolhapur district, Maharashtra. This ruling comes in response to the state government’s actions following vandalism by a right-wing mob targeting Muslim homes, a mosque, and a dargah in Gazapur village near the fort.

On Friday, a division bench consisting of Justices Burgess Colabawalla and Firdosh Pooniwalla sternly warned the Maharashtra government against demolishing any structures, commercial or residential, during the monsoon season. This directive counters the state government’s assertion that only unprotected commercial buildings were being targeted.

The court’s order follows a violent incident on July 14, when a Hindu right-wing mob reportedly vandalized a mosque, homes, and shops belonging to Muslims in Gazapur. Justice Colabawalla expressed shock at the state’s actions, emphasizing that no structures should be demolished during the rainy season and warning of imprisonment for officials if the order is breached.

Residents of Shahuwadi taluka petitioned the court for the formation of a Special Investigation Team (SIT) to investigate the violence. They allege that right-wing activists, led by former Rajya Sabha member Sambhajiraje Chhatrapati, gathered at the fort despite prohibitory orders, creating chaos in the village.

Advocate Satish Talekar, representing the petitioners, presented video evidence of the violence, showing police inaction as right-wing groups attacked the Raza Jama Masjid in Gazapur. Disturbed by the footage, the judges demanded explanations from the state’s Chief Government Pleader, Priyabhushan Kakade, about the actions taken in response to the violence.

According to a news report by The Hindu, the court has summoned the Senior Police Inspector of Shahuwadi Police Station to appear on July 29 to explain the measures taken against the perpetrators of violence, underscoring the state’s responsibility to maintain law and order.

The violence on July 14 began before Sambhaji Raje’s arrival, with his supporters allegedly attacking the Rehman Malik Dargah Mosque. The mob then targeted Muslim homes in Gazapur, with reports of significant property damage and residents fleeing to nearby forests for safety.

Opposition parties and civil society groups have condemned the state BJP government for allegedly inciting the violence. Congress leaders have demanded the immediate transfer of the Superintendent of Police and other officials, accusing the government of failing to prevent the unrest.

In response to the violence, Deputy Chief Minister Ajit Pawar visited the affected areas, assuring residents that no homes would be damaged during anti-encroachment drives and announcing compensation for the victims. However, some opposition leaders criticized his visit as insufficient.

The Vishalgad Fort, with its rich history dating back to 1058, has seen control by various dynasties over the centuries. The current tensions reflect longstanding issues of alleged illegal encroachments and communal tensions in the region.

As the situation remains tense in Kolhapur, the court’s intervention offers temporary relief to the affected residents, with further legal proceedings and investigations to follow.

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