Bombay High Court Condemns Goa Government's Inaction Over Illegal Port Statue
The Bombay High Court has delivered a scathing rebuke to the Goa state government for its failure to address what it termed a "clear invasion of property" at the Mormugao Port Authority (MPA). In a strongly worded order issued on Tuesday, the court directed the state to provide comprehensive assistance, including armed security and prohibitory orders, to enable the removal of an illegally erected statue of Chhatrapati Shivaji Maharaj from port land.
Court Orders Immediate Security Measures
A division bench comprising Justices Valmiki Menezes and Amit Jamsandekar specifically mandated the South Goa Superintendent of Police to oversee all security arrangements necessary to implement the court's directives. The bench expressed deep concern over the state's role, stating it had "acted as a mere bystander and has in fact tacitly colluded with the perpetrators of the invasion without offering any assistance to prevent the criminal trespass."
The court highlighted what it described as "gross inaction" by multiple authorities, including the Bogda police inspector, the executive magistrate of Mormugao taluka, the Mormugao deputy collector, and other officials who failed to prevent the intrusion into port property. "We believe that where issues of law and order are involved such as the present one, it is only the state through its agencies such as the police force, executive magistrate and other such authorities, that can adequately quell such incidents and ensure public safety and property of individuals is preserved," the High Court emphasized.
Political Figures Named in Port Authority Complaint
The court also directed that a notice be issued to Mormugao MLA Sankalp Amonkar, who was named in the port authority's complaint. The MPA, represented by advocates Yogesh Nadkarni, Simran Khadilkar, and Kunal Nadkarni, had filed an application alleging forceful entry onto its land and the illegal erection of a permanent statue of Shivaji Maharaj during a grand function in February.
According to the port authority's complaint, despite multiple notifications to authorities, no action was taken against those responsible. The MPA specifically wrote to police seeking registration of an FIR that named MLA Sankalp Amonkar, Mormugao municipality councillors Deepak Naik and Shradha Sankalp Amonkar, and Ravindra Bhavan chairperson Jayant Jadav. The complaint alleged these individuals criminally trespassed on port authority property and participated in unveiling the illegally erected statue.
Court Questions Authorities' Knowledge of Large Gathering
The High Court expressed astonishment at how such a significant event could occur without official knowledge. "It is absolutely unbelievable that such a large gathering could have been allowed on the port land, and the forcible construction and unveiling of the statue on such land be held, without any knowledge of the police inspector of Mormugao or Bogda police station, the Vasco sub-divisional police officer, the Mormugao mamlatdar and SDM and both the South Goa superintendent of the police and collector," the bench observed.
The court further noted, "If this be so, there is a complete failure of the executive structure in South Goa district and in Mormugao taluka in relation to the incident. However, the incident points more to a glaring and tacit understanding or arrangements between the authorities referred above the local MLA, and other participants of the gathering on port property, with no action whatsoever, preventive or otherwise, being taken by the authorities to protect the invasion of the port property."
The High Court's order represents a significant judicial intervention in what it perceives as a breakdown of administrative responsibility and law enforcement in protecting public property from unauthorized encroachment.
