Mumbai: The Bombay High Court on Wednesday asked the senior police inspector of Sakinaka police station to remain present in court on Thursday in connection with the FIR registered following the violence during the demolition of 650 tenements at Jai Bhim Nagar in June.
The court summoned the senior PI after it was informed that the FIR was transferred from Powai police station to Sakinaka police station recently.
When the bench of Justices Revati Mohite-Dere and Prithviraj Chavan asked public prosecutor Hiten Venegaonkar the reason for transferring the case, he said he was unaware that the FIR was transferred. However, he said he will ask the senior PI to remain present before the court.
The HC was hearing a petition filed by 28 slum dwellers from the Jai Bhim Nagar seeking compensation and prosecution of civic officials following the demolition of their structures last month.
Petitioners’ advocate Subhash Jha told the bench that a Deputy Commissioner of Police had ordered demolition of the hutments. Venegaonkar clarified that no such order was passed by the DCP. The BMC has sought police protection for the demolition drive, and accordingly, the same was provided, he added.
The court has also asked Brihanmumbai Municipal Corporation (BMC) to file its reply affidavit considering serious allegations were made against the civic body for undertaking demolition drive during monsoon.
The court had earlier sought an explanation from the State and the BMC for undertaking the demolition during monsoon. It was brought to their notice the circular issued by the government on June 29 which restrained authorities from demolition of unauthorised structures, slums and encroachments on government, semi-government and private lands during the monsoon period from June 1 to September 30.
The plea filed by the residents, predominantly Scheduled Castes, claimed they have been living in the area for over 30 years, and have the necessary legal documents such as Aadhar card, ration card, electricity bills, and gas connections to support their claim.
They have alleged that a prominent developer has acquired the land and has allegedly manipulated the situation and managed to secure an eviction notice from the BMC. They refused to vacate their premises as they were being offered alternate accommodation in Mahatma Phule Nagar in Kalina.
The petitioners have sought registration of an FIR against police personnel and BMC officials for offences including assault, illegal eviction, and violation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It also seeks a probe by an SIT headed by a retired HC judge. They have also sought reconstruction of their demolished hutments at the original site at BMC’s expense and compensation.
