Supreme Court Ruling Ignored: Malvan Municipality Razes Muslim Family’s Shop Over Alleged Slogans

Based on the complaint filed by a local MLA and Shiv Sena leader, the Malvan municipality demolished the scrap shop of the family. 
| Photo Credit: TWITTER meNeeleshNRane

On November 13, 2024, a Supreme Court bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan, while delivering a scathing verdict against arbitrary demolitions by state authorities, said: “The executive cannot demolish the houses or properties of individuals solely on the ground that they are accused or convicted in a crime.” Yet, just months later, that very doctrine of justice stands not just defied, but outright sabotaged. This time, it is the Malvan municipality that has brazenly trampled upon the law, reducing the Supreme Court’s ruling to little more than an inconvenient footnote.

It was in the coastal town of Malvan, Sindhudurg district, Maharashtra, the embers of controversy ignited after India’s triumph over Pakistan in the Champions Trophy cricket match on Sunday, February 24. The trigger? A 15-year-old boy from a Muslim family allegedly chanting anti-India slogans in the wake of Pakistan’s defeat. Based solely on what an unidentified bystander reportedly heard, the police swiftly registered a case and arrested the boy’s parents. But the retribution did not stop there. A local MLA and Shiv Sena leader lodged a complaint, and in a move eerily reminiscent of extrajudicial crackdowns elsewhere, the Malvan municipality razed the family’s scrap shop to the ground.

The accused, Katabullah Khan (38), father of the minor, and Ayesha Khan (35), mother of the minor, were booked under multiple sections of the Bharatiya Nyay Sanhita: Section 196(1)(a)—promoting enmity between different groups on religious grounds; sections 197(1)(a) & 197(1)(c)—assertions prejudicial to national integration; Section 131—punishment for assault or use of criminal force, except in cases of grave provocation; and Section 3(5)—joint criminal liability when two or more individuals act in furtherance of a common intention. “We have arrested the adults. The minor has not been arrested but has been sent to an observation home,” said Malvan police. The parents were released on bail on February 27, and the boy had been handed over to his uncle on February 28.

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After the incident took place, local MLA Nilesh Rane who belongs to Shiv Sena (Eknath Shinde) also filed a complaint against the family. This Muslim family is reportedly from Uttar Pradesh and was staying in Malvan for the last 10 years. Malvan municipality also sent a letter to the Malvan police station reporting the tension in the area and about the locals’ complaints regarding the alleged “illegal construction” by the Muslim family.

Based on these complaints, the Malvan municipality demolished the scrap shop of the family. When asked on what basis the action was taken, Malvan municipality’s CO Santosh Jirage told Frontline: “There are two three reasons for demolition. The scrap material was coming on the road. Also, there was an oral complaint from locals regarding the illegal construction on the plot. The landowner who had rented the plot for the scrap business had also asked the municipality to act on the illegal construction. Also, the police wrote to us about the incident, saying it was an ‘anti-national act’. Therefore, we acted against the illegalities.”

When asked why the municipality did not act on the scrap business prior to this incident, Jirage said: “The police immediately asked us to take action, so we acted.” When pointed out that there is a Supreme Court order against the bulldozer action in such immediate manner, Jirage replied: “There is no disrespect to SC. The action is taken only under the framework of law.”

Malvan police station’s sub inspector Anand Yashvante is investigating the matter. When Frontline quizzed him on the reason behind the bulldozer action, he said: “We don’t know what reason was given while carrying out the demolition.” He also said that the investigation was on and nobody had been proven guilty in the matter so far.

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Meanwhile, Rane praised the action of Malvan municipality. In a video posted on X, he said: “The accused is saying that he is from Uttar Pradesh. But he is not giving any address from Uttar Pradesh. This family came to Malvan 10 years ago. The police are investigating to find out why they came to Malvan. This is a nexus, where they set up a small business and get mixed with the locals. Their vehicles are not registered, including a bike and a truck. Their Aadhaar card is also fake.”

Meanwhile, the Malvan Bar Association has refused to take up the case of the accused.

The events in Malvan serve as a stark reminder that judicial pronouncements alone cannot rein in an unchecked executive. They also raise the specter that the demon of demolition may rear its head elsewhere if Malvan is any indication.