By Anwarulhaq Baig
NEW DELHI–In a significant ruling today, the Bombay High Court ordered an immediate halt to all demolitions around Maharashtra’s historic Vishalgad Fort in Kolhapur district. The court criticized the state government for demolishing about 70 structures in response to 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 comprising Justices Burgess Colabawalla and Firdosh Pooniwalla issued a stern warning to the Maharashtra government, prohibiting the razing of any structures near the fort during the monsoon season. This order applies to both commercial and residential buildings, contradicting the state government’s claim that it was only targeting commercial structures not protected by court orders.
The court’s decision follows a violent incident on July 14, when a Hindu right-wing mob reportedly vandalized a mosque, houses, and shops belonging to Muslims in Gazapur village, located near the fort.
Justice Colabawalla expressed shock at the state’s actions, stating, “How can you raze structures during the rainy season? We make it very clear that no structure, be it commercial or residential, should be demolished until further orders.” The bench even threatened to imprison officials if any further demolitions occurred.
The court was responding to a petition filed by residents of Shahuwadi taluka, seeking the formation of a Special Investigation Team (SIT) led by a former high court judge to probe the recent violence. The petitioners allege that right-wing activists, led by former Rajya Sabha member Sambhajiraje Chhatrapati, a descendant of Maratha warrior king Shivaji, gathered at the fort despite prohibitory orders.
According to the petition, police allowed around 100 protesters to climb the fort, leading to “an atmosphere of chaos and lawlessness that prevailed in the village for almost two hours.” The petitioners’ lawyer, Advocate Satish Talekar, presented video evidence of the violence to the court, claiming that police stood by as mute spectators while right-wing groups, armed with sticks and hammers, attempted to demolish the Raza Jama Masjid in Gazapur.
The judges, disturbed by the footage, demanded answers from the state’s Chief Government Pleader, Priyabhushan Kakade, about the actions taken in response to the violence. “What is this? Who are these men?” Justice Colabawalla asked, emphasizing the state’s responsibility to maintain law and order.
The court has ordered the Senior Police Inspector of Shahuwadi Police Station in Vishalgad to appear personally on July 29 to explain the actions taken against the perpetrators of violence. “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,” the court stated.
Justice Colabawalla warned, “We record your statement that you will not demolish until September, and if the same is breached, we will not hesitate to send the officer behind bars.”
In 2023, the district administration conducted a survey of the Vishalgad fort area, alleging that 160 buildings, including a mosque, houses, and shops, were constructed illegally. However, local Muslim residents reject these claims, particularly regarding the mosque’s location on fort land.
The state’s Archaeology Department had previously sent notices to several persons, including some of the current petitioners, to demolish their structures within the fort area. The petitioners challenged these notices in court, arguing that the 300-acre fort precinct was only declared a protected monument in 1999, while they had been living there long before that date.
In February 2023, the court had stayed these notices and directed that no coercive or demolition action be taken against the petitioners. Despite this, violence erupted on July 14, followed by the state’s Public Works Department (PWD) initiating a demolition process from July 15, pulling down houses and shops in the area.
The “Vishalgad Anti-Encroachment Movement,” spearheaded by Sambhajiraje Chhatrapati and his supporters, has been pressuring authorities to remove what they claim are illegal structures around the fort.
As tensions remain high in Kolhapur, the court’s intervention provides temporary respite for the affected residents.
What happened on July 14 in Vishalgad and Gazapur?
On July 14, violent clashes erupted in Kolhapur district during a campaign against alleged encroachments at Vishalgad fort, turning into an assault by a Hindu right-wing mob on a mosque, houses, and shops owned by Muslims in Gazapur village, located about 6 kilometers from the fort. The incident unfolded during a march organized by Sambhaji Raje Chhatrapati, a former Rajya Sabha MP and descendant of Chhatrapati Shivaji Maharaj, as part of the “Vishalgad Anti-Encroachment Movement.”
Violence began before Sambhaji Raje’s arrival, with his supporters reportedly pelting stones at the Rehman Malik Dargah mosque around 9:40 AM. Videos on social media captured the attack in the presence of police, prompting scrutiny of law enforcement’s role.
The rampage extended into the afternoon, with the mob targeting Muslim homes in Gazapur. Reports indicate that 40-50 Muslims, including children, were attacked, and 50-60 houses and shops were vandalized, burned, or looted.
Terrified residents of the village fled to nearby jungles for safety as mobs, reportedly numbering in the thousands, rampaged through the area.
Tayyib Ali Ahmed’s hotel was reportedly vandalized, burned, and looted three times. Ahmed’s minor daughters were allegedly assaulted as the family attempted to flee.
Many residents claim they have no connection to the alleged encroachments at Vishalgad fort and are being unfairly targeted.
Authorities responded by imposing Section 144, prohibiting public gatherings. The Kolhapur police have filed five FIRs against over 500 individuals, including Sambhaji Raje, and have arrested 21 people so far.
Sambhaji Raje has denied any communal intent behind the movement, stating, “The violence at Vishalgad Fort is being given a communal colour, which is entirely incorrect. I am against the illegal encroachments at the fort, not against any particular community. The first encroachments at Vishalgad Fort were made by Hindus.”
However, his father, Kolhapur Congress MP Shahu Chhatrapati, has condemned the violence and criticized his son’s aggressive stance. He blamed the administration for failing to maintain law and order.
Outcry Blames State BJP Government for Instigating Violence; Demands Action Against Rioters and Police Negligence
Opposition parties have strongly criticized the state BJP government for allegedly instigating riots for electoral gains, while outcry and demands for strict action against rioters and police officials have escalated in response to recent attacks on a mosque and Muslim homes.
Political leaders, activists, and civil society groups have expressed outrage, urging the suspension of Superintendent of Police (SP) Mahendra Pandit and blaming the police and local administration for merely spectating while mobs vandalized houses and the mosque, and committed violence against Muslim villagers near the fort. They have called for decisive action against Kolhapur Collector and Special IG of Kolhapur Sunil Phulari, citing alleged negligence during the incidents.
Opposition parties have strongly criticized the state government’s handling of the situation.
Congress leader Prithviraj Chavan accused the BJP of instigating riots for electoral gains, stating, “Creating riots is the policy of BJP; elections can’t be won without instigating riots. It is the policy of the RSS and the BJP.”
Congress MLC from Kolhapur, Satej Patil, has demanded the immediate transfer of the Superintendent of Police, citing “100% administrative failure.”
AIMIM chief Asaduddin Owaisi condemned the mosque attack as “a kind of terrorist attack,” drawing parallels with the demolition of Babri Masjid on December 6, 1992. He described the vandalism of the mosque, desecration of the holy Quran, and burning of prayer mats, criticizing the police for passivity.
Congress’s leader of opposition Vijay Wadettiwar and Samajwadi Party MLA Rais Shaikh have accused the Maharashtra government of fueling the unrest. Wadettiwar demanded the immediate transfer of the Kolhapur Collector and the suspension of the Superintendent of Police, citing their alleged negligence. Rais Shaikh called for a CID probe, condemning the violence as a premeditated effort to incite communal tensions.
Activist Shakir Tamboli intensified the criticism, targeting SP Mahendra Pandit for failing to prevent two major incidents of targeted violence against Muslims in Gajapur village. Tamboli alleged that Hindu extremists, including noted figures Vikram Pawaskar and Sambhaji Bhide, orchestrated the attacks, sheltering assailants overnight before launching assaults armed with weapons and homemade bombs.
Civil society activists and Muslim groups who visited the affected areas painted a grim picture of the aftermath. Megha Pansare, an activist and professor at Shivaji University, reported that local residents had to hide in forests with their children as the mob approached. Upon returning, they found their homes and belongings destroyed. “The women do not even have a pair of clothes left; everything they owned has been destroyed,” Pansare said.
Pansare also condemned the police for restricting access to the violence-affected area and obstructing aid to affected families. Tamboli and others called for the removal of SP Pandit and Special IG Sunil Phulari, advocating for a thorough investigation into the events.
Condemning the violence, APCR Maharashtra working president Aslam Ghazi emphasized the importance of fact-finding missions and filing FIRs against rioters, despite challenges in the efforts.
While speaking to Indiatomorrow.net, Ashfaq Pathan from Kolhapur, a representative of the APCR, informed that their fact-finding team is visiting to assess the situation on the ground ton Saturday. They will study the destruction and vandalism and meet with the victims. He mentioned that 40 to 45 persons were also attacked during the violence by the mob. They will also determine how to provide relief to the victims. Pathan further stated that currently, it is very difficult to reach the violence-hit area as police have cordoned it off and are also restricting civil society groups from visiting the area and the villagers.
Maulana Halimullah Qasmi, General Secretary of Jamiat Ulama Maharashtra, condemned the incident, noting that the encroachment issue is sub-judice in the Bombay High Court. A delegation of Jamiat visited Vishalgad and Gazapur, meeting Deputy Chief Minister Ajit Pawar to press for early relief, medical assistance, and compensation for the victims.
Highlighting the historical significance of the Dargah, the Jamiat leader said, “There is a historical Dargah of a Sufi saint Malik Rehan of the time of King Adil Shah on top of the hill station Vishalgad, which was built in 1186 AD. There is also a mosque and a small settlement in the dargah complex, which has been inhabited for the past 7 generations.” He said, “Hindutva elements have been agitating against Vishalgad Dargah and Masjid for the past several months. Extremist organizations demand that the alleged encroachment around the mosque and Dargah be removed and the animal sacrifice in the dargah complex be stopped.”
Deputy Chief Minister Ajit Pawar visited the affected areas on July 19th, assuring residents that no houses would be damaged during anti-encroachment drives. He announced compensation of Rs 50,000 to each affected family, with a proposed total aid of Rs 2.85 crore.
However, some opposition leaders criticized Pawar’s visit as insufficient. Congress leader Prithviraj Chavan stressed, “Action against the rioters is more important than symbolic visits.”
Journalist Dinesh Mourya, who visited Gajapur, described the devastation: “Hearing the plight of the riot victims would move anyone to tears. Apart from arson, vandalism, and looting, rioters even stole anklets from young girls.”
Abu Asim Azmi, a prominent SP leader and MLA from Mankhurd Shivajinagar Mumbai, expressed anguish over the incident, stating, “Today, we are shedding tears of blood.” He alleged discriminatory treatment by law enforcement, criticizing harsher charges against Muslims for stone-throwing compared to minor penalties for mosque vandals.
Mohammed Zubair, co-founder of Alt News, questioned major news channels for not covering the violence, describing right-wing mobs vandalizing the mosque while chanting slogans. Activist and writer Sameeullah Khan warned of growing “Hindutva terrorism” in Maharashtra, labeling the mosque attack as a moment of reflection and tragedy for all Muslims in the state.
The Forum For Maharashtra Muslims, in a joint statement, blamed the state government for failing to curb communal violence, referencing multiple incidents including Vishalgad. Prominent figures from various religious organizations, including JIH Maharashtra Maulana Ilyas Khan Falahi, Maulana Mahmood Ahmed Dariabadi, General Secretary of All India Ulama Council, Abu Asim Azmi, President of Samajwadi Party Maharashtra, Maulana Hafiz Syed Athar Ali, Maulana Haleemullah Qasmi, General Secretary of Jamiat Ulama-e-Hind Maharashtra, Fareed Sheikh, President of Peace Committee Mumbai, and Maulana Zahir Abbas Rizvi, Vice President of Shia Personal Law Board, jointly issued this statement through the Forum For Maharashtra Muslims.
Tracing the History of Diverse Dynasties That Ruled Vishalgad Fort
Vishalgad Fort, built in 1058 by Shilahara king Marsinh, originally named Khilgil Fort, has witnessed centuries of history under different rulers and dynasties. The fort covers an area of 1130 meters and sits atop a hill in the Sahyadri mountain ranges and located approximately 76 kilometers northwest of Kolhapur. It played a pivotal role in the region’s turbulent past, changing hands between various dynasties over the years.
In 1209, the Seuna Yadavas of Devagiri wrested control from the Shilaharas, followed by the fort’s attachment to the Khilji Dynasty under Allauddin Khilji in 1309. Subsequently, it became part of the Bahamani Sultanate after Hasan Gangu Bahamani’s independence in August 1347. During 1354-1433, the fort was under the rule of Vijayanagar Empire. In 1489, Yusuf Adil Shah separated himself from the Bahamani kingdom along with the area under his command and founded his independent Sultanat at Bijapur. Therefore, the fort was gone under the rule of Adil Shahi Sultanat.
In 1659, Chhatrapati Shivaji captured the fort with the help of the officers on the fort. In July 1660, the fort witnessed Shivaji’s escape from the Adilshahi blockade around fort Panhala and the Battle of Pavan Khind. The Battle of Pavan Khind occurred on July 13, 1660, near Vishalgad Fort, where Maratha generals Baji Prabhu Deshpande and Shambhu Singh Jadhav defended against Siddi Masud of the Bijapur Sultanate. It ended with a heavy blow to the Maratha forces by the Bijapur forces, but they failed to achieve a strategic victory.
During the Mughal Empire’s reign under Aurangzeb in 1701-1702, General Asad Khan led the siege of Khelna Fort, where Maratha commander Parashurampant surrendered after a three-month siege, securing safe passage for himself and his garrison.
In 1844, Vishalgad and other forts of Kolhapur State rebelled against Daji Krishna Pandit, a Brahmin regent appointed by the British in 1843 while the rightful heir to the throne was underage. Acting under the guidance of an East India Company political agent, Pandit introduced land tax reforms that sparked the rebellion.
In 1895, Shahu of Kolhapur aimed to weaken Brahmin influence in Vishalgad and neighbouring estates. He pushed for reforms like job reservations and education to uplift marginalized groups and reduced feudal privileges, sparking prolonged disputes with British Raj until the 1920s.
