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Synopsis

The Maharashtra Government has informed the Bombay High Court that no residential premises have been demolished in Vishalgad Fort in Kolhapur, where communal violence took place.

The affidavit was filed before the division bench of the high court comprising Justice BP Colabawalla and Justice Firdosh Pooniwalla, which was hearing applications filed by people from the local area who alleged that premises were being demolished despite prohibitory orders.

The affidavit filed by the Kolhapur police stated that due to heavy rainfall and low visibility, the police personnel could not take action against persons who indulged in violence and vandalism.

The affidavit also mentioned that 5 FIRs were filed by the police against 100 people, including former MP Chhatrapati Sambhajiraje and activists Ravindra Padwal and Banda Salunkhe.

“There were heavy rains on July 14 as a result of which fog was formed. There was low visibility and it was difficult for authorities to take appropriate action. Still under this precarious condition, these authorities were doing their best to prevent the unwanted law and order situation,” the affidavit states.

Advocate General Birendra Saraf informed the bench that since the government circular prohibiting the demolition of residential premises during the rainy season is in force, no action was taken.

Advocate SB Talekar, appearing for the petitioner, disputed the AG’s statement and submitted that residential premises were demolished. The bench then asked him to file an affidavit.

The petitioners contended that, despite prohibitory orders proclaimed by the tehsildar of Shahuwadi, the police allowed at least 100 protesters to climb the fort. They claimed that this led to an atmosphere of chaos and lawlessness in the village for almost two hours