MUMBAI: Bombay high court on Thursday said it will decide whether to constitute a special investigation team (SIT) to probe the Jun 6 demolition at Jai Bhim Nagar, Powai, Andheri (east). It may pass an order on Friday.
“We don’t want to delay any further. Investigation has to start,” said Justices Revati Mohite-Dere and Prithviraj Chavan. The petition was by 28 residents seeking an FIR against Powai police, BMC officials and developer Hiranandani under IPC, including for voluntarily causing hurt and house trespass.
Petitioners’ advocate Subhash Jha said 800 hutments were ransacked. “Police personnel, BMC officials, and bouncers of the builder, all in connivance and acting collectively, took the law into their own hands. Residents sitting in silent protest were mercilessly assaulted with serious injuries on their heads and bodies. Women and children were not spared,” he said.
Jha said BMC claimed the State Human Rights Commission (SHRC) had ordered the demolition. However, the complaint was by a person “set up by the builder”. Advocate Swaraj Jadhav, for six residents, said BMC had said it is private land. Later it said if SHRC directs it and despite the policy against demolition in monsoon, it will do it.
Public prosecutor Hiten Venegavkar said police bandobast was given on BMC’s request that cited the SHRC order. The judges asked if SHRC had directed the demolition, adding: “There is no positive order asking for demolition.” BMC’s advocate Poornima Kantharia said “it is evident when we read all the orders together”.
The judges questioned the haste to demolish despite the GR against demolition in monsoon. Kantharia said the GR refers to exceptional cases. “When there are 100 hutments, will it not be an exception?” asked Justice Mohite-Dere.
The judges asked if police accept requests for bandobast at face value. “When a court order is there, police will not go into its correctness,” said Venegavkar. The judges said police had to see if there is a direction for demolition. “It is the BMC who set the criminal law in motion and the police took action believing it to be true,” said Justice Mohite-Dere.
The judges said they will also consider appointing a senior officer to conduct the probe under supervision of an additional CP. Jha suggested that since police and BMC personnel are involved, there must be an SIT and HC monitor this case. “We will monitor. We will not dispose of the petition,” said Justice Mohite-Dere.
