According to reports, the controversy began when a local resident associated with the Vishwa Hindu Parishad (VHP) accused a teenage boy of raising so-called “anti-India” slogans during the cricket match. The allegations, based on overheard statements, led to a gathering of people outside the minor’s residence, creating a volatile atmosphere. Subsequently, the Malvan police registered an FIR against the boy and his parents, leading to their arrest. The municipal authorities then took swift and arbitrary action by demolishing their scrap shop without issuing a prior notice. Further revelations indicated that the residence of the boy’s paternal uncle was also demolished without following legal procedures.

SHRC Order Highlights Violations of Due Process and Rule of Law

As per the IE, taking suo-moto cognisance of the reports, the SHRC issued a strongly worded order, stating that a preliminary reading of the news items indicated a prima facie violation of legal due process. The order categorically noted that “the principles of rule of law, which form the foundation of democratic governance, have been flouted in this case.”

Reportedly, the commission also observed that the fundamental rights guaranteed by the Indian Constitution, which protect individuals from arbitrary state action, had been severely compromised. It further emphasised that the criminal justice system, which requires a legal process to determine guilt, had been bypassed, with the administration usurping judicial functions. The order underlined that such actions violated the doctrine of separation of powers enshrined in the Constitution, which is recognised as part of its basic structure.

The SHRC’s observations align with the Supreme Court’s November 2024 ruling, which explicitly directed that no demolition should take place within 15 days of a show-cause notice being issued unless the structure in question was an unauthorised construction in a public space such as a road or street. The fact that no such notice was served in this case suggests a blatant disregard for established legal safeguards.

The commission has sought a fact-finding inquiry report from the Sindhudurg district collector and the Superintendent of Police regarding the incident. A division bench comprising retired Justice Swapna Joshi and former IPS officer Sanjay Kumar is set to hear the matter.

Procedural lapses and political influence

It had also come to light that the MSHRC had been without a chairperson and member at the time the reports were first published on February 25, 26, and 27, 2025. The suo-motu cognisance was taken only after the new appointments were made, underscoring a delayed but necessary response from the human rights body.

The controversy erupted when Sachin Varadkar, a self-identified VHP worker, alleged that he had overheard the 15-year-old making “anti-national” remarks while riding past the boy’s home on his motorcycle. He later confronted the boy and escalated the matter by filing a police complaint. Within days, police had arrested the boy’s parents and detained the minor, sending him to an observation home. Meanwhile, the Malvan municipal authorities, reportedly acting on complaints from locals and a letter from Shiv Sena MLA Nilesh Rane, razed the family’s scrap shop. The demolition reportedly took place without official bulldozers, raising concerns that vigilante groups may have been involved.

Municipal Chief Officer Santosh Jirge initially justified the demolition, claiming that the scrap shop was an “unauthorised structure” and was obstructing traffic. However, further scrutiny revealed that the structure had been demolished the same day a complaint was received, without any due notice or legal verification. Jirge later admitted, as per the IE report, that no official record was available to determine when the structure was built, further exposing the arbitrary nature of the demolition. (Detailed story may be read here.)

Political backing and the role of the state

The demolition was openly endorsed by Shiv Sena MLA Nilesh Rane, who posted images of the razed shop on social media, boasting about the swift action taken against what he described as “a Muslim migrant scrap dealer.” Rane’s post suggested a communal motive behind the action, as he vowed to expel the family from the district. This raises serious concerns about the weaponisation of state machinery to target marginalised communities under the pretext of maintaining law and order.

Meanwhile, the arrested parents were eventually released on bail, and police have indicated that they will be filing a chargesheet against them. The charges, filed under Sections 196 (promoting enmity between groups), 197 (imputations prejudicial to national integration), and 3(5) (acts with common intention) of the Bharatiya Nyaya Sanhita, carry a maximum sentence of three years’ imprisonment.

Implications and the road ahead

The SHRC’s intervention in this case is a critical step towards holding the administration accountable for its actions. The commission’s preliminary observations highlight the dangerous precedent set by demolishing properties as an extrajudicial form of punishment. The incident underscores the increasing use of punitive demolitions against minority communities, a practice that has been widely criticised by human rights groups.

Many have pointed out that the incident reflects broader trends of erosion of due process, where municipal bodies, under pressure from political figures, carry out demolitions to appease majoritarian sentiments. The involvement of a right-wing MLA in publicly celebrating the demolition raises concerns about the fusion of political influence and administrative action in targeting vulnerable communities.

The SHRC’s demand for a fact-finding inquiry, if done without any political influence, will be pivotal in determining accountability in this case. If the commission’s final report confirms procedural lapses, it could set a legal precedent for challenging similar demolitions carried out under questionable circumstances. Additionally, it could serve as a test case for reinforcing the legal requirements surrounding demolition procedures, particularly in cases where communal and political factors appear to be at play.

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The post Maharashtra Human Rights Commission probes Malvan demolitions after suo moto cognisance appeared first on SabrangIndia.

The situation intensified three days later when the boy was apprehended, his parents arrested, and their scrap shop demolished following complaints from locals.

महाराष्ट्र के मालवण में India Vs Pakistan क्रिकेट मैच के बाद कुछ लोगों पर पाकिस्तान समर्थित नारेबाज़ी के आरोप लगे, जिसके बाद दुकान पर बुलडोज़र कार्रवाई देखने को मिली। pic.twitter.com/zEsCQhYi7L

— Ashraf Hussain (@AshrafFem) February 25, 2025

Reports on the incident first surfaced in The Indian Express on Tuesday. Reportedly, the boy had been apprehended immediately after, first sent to an observation home and then released to relatives. He had been initially produced before the district Child Welfare Committee and sent to a remand home. The parents, who were produced before a local Sindhudurg court, were first sent to magistrate’s custody until adequate legal aid was obtained after which they were granted bail. Bail formalities however took some time so reportedly they were released only on Wednesday. Meanwhile their home and scrap shop had been razed to the ground, reportedly not by any official bulldozers but by vigilantes belonging to controversial organisations.

On November 13, 2024, the Supreme Court bench of Justice BR Gavai and KV Viswanathan had delivered a landmark judgment addressing the issue of illegal demolitions, a phenomenon popularised as “bulldozer justice”. The judgment, which is widely regarded as a significant in protecting fundamental rights, critiques the executive’s use of property demolition as a substitute for criminal prosecution. The judgment asserted that the executive cannot bypass judicial processes to punish an accused by demolishing property, as this oversteps executive powers and undermines the rule of law. The Court described these arbitrary demolitions as “high-handed” and deemed demolitions without the authorities following the basic principles of natural justice and acting without due process to be a “chilling sight”.

Sindhudurg SP Saurabh Kumar Agrawal told The Times of India, “The anti-national slogans led to our lodging an FIR.”

The three were booked under Sections 196 (promoting enmity between groups and doing acts prejudicial to maintenance of harmony), 197 (imputations/assertions prejudicial to national integration, and 3 (5) (acts with common intention) under the Bharatiya Nyaya Sanhita. For offences under Sections 196 ((any person who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and acts likely to prevent their maintenance) and 197 (acts likely to prejudice national integration) and 3(5) (when two or more persons have committed a criminal act in furtherance of a common purpose (under the BNS, 2023. The maximum punishment is 3 years in jail or fine or both.

Hence, based on the complaint by a VHP worker, the police acted and detained the family: a scrap metal trader, his wife, and their teenage son.  The minor was sent to a juvenile home, while his parents were initially remanded to 14 days of judicial custody. However, they were subsequently granted bail.

The Bulldozer’s fury: demolition controversy

Other reports indicated that, on February 24, it was none less than the Malvan Municipal Council, under the leadership of Chief Officer Santosh Jirge, that took a drastic step by demolishing of the family’s scrap shop claiming on the back of Sunday’s complaint that the constructions were “unauthorised” and obstructing traffic “The concerned scrap metal business had done unauthorized construction here. Moreover, this scrap metal business was also obstructing traffic in the city,” stated Jirge to the BBC Marathi.

This action, however, appeared to be influenced by Shiv Sena MLA Nilesh Rane (brother of BJP MLA and right-wing leader Nitesh Rane), who publicly condemned the family’s alleged actions. Rane shared visuals of the demolition on X, stating, “In Malvan, a Muslim migrant scrap dealer raised anti-India slogans after the India-Pakistan match yesterday. As an action, we will definitely expel this outsider from the district, but before that, we immediately destroyed his scrap business.”

“Shiv Sena’s Nilesh Rane shared the visuals of the bulldozer action against the shop on X and stated, ‘In Malvan, a Muslim migrant scrap dealer raised anti-India slogans after the India-Pakistan match yesterday. As an action, we will definitely expel this outsider from the district, but before that, we immediately destroyed his scrap business. We thank the Malvan Municipal Council administration and the police administration for taking prompt action,'” as seen on Rane’s X account.

मालवणात एक मुसलमान परप्रांतीय भंगार व्यवसायिक यानी काल भारत पाकिस्तान मॅच नंतर भारत विरोधी घोषणा दिल्या.
कारवाई म्हणून आम्ही या परप्रांतीय हरामखोराला जिल्ह्यातून हाकलून देणारच पण त्या अगोदर तात्काळ त्याचा भंगार व्यवसाय उध्वस्त करून टाकला.
मालवण नगर परिषद प्रशासन आणि पोलीस… pic.twitter.com/LK1yDPuLa6

— Nilesh N Rane (@meNeeleshNRane) February 24, 2025

Parents of boy get bail but can’t leave state without court’s permission

In the remand application before the court, police stated that the complaint was filed by Malvan resident Sachin Varadkar, a 35-year-old labourer and Vishwa Hindu Parishad (VHP) worker. Varadkar told The Indian Express that he had overheard 15-year-old boy shouting “anti-national” slogans during the India-Pakistan cricket match on February 23. Following this complaint, the boy’s parents were arrested.

However, on February 25, a local court in Malvan, granted them bail. The court rejected the police’s request for custody, placing conditions on their release, including restrictions on leaving the state without court permission, cooperation with the investigation, and weekly attendance at the local police station until the chargesheet is filed. Despite being granted bail, the couple was not released until late Wednesday as the bail formalities were still being processed, as reported The Indian Express

The absence of evidence: a case built on flimsy claims?

As per BBC Marathi report, a crucial aspect of this incident is the lack of concrete evidence supporting the allegations. Sindhudurg Superintendent of Police Saurabh Agarwal confirmed, “There is no video available regarding the anti-national slogans.” The police action was based solely on a complaint, casting doubt on the reliability of the accusations.

“Sindhudurg Superintendent of Police Saurabh Agarwal, while reacting to the matter, said, ‘An investigation is underway in this case. There is no video available regarding the anti-national slogans. We have taken this action based on a complaint from a person. We are investigating the matter,'” he stated.

Legal expert Aseem Sarode criticized the demolition, deeming it illegal and arbitrary. “Taking such action without giving any notice even if the residence is unauthorized is illegal,” said Sarode to BBC Marathi. He also raised concerns about the rise of “illegal power centres” and the dangers of “self-policing.”

While speaking to BBC Marathi, Sarode said that“Taking such action without giving any notice even if the residence is unauthorized is illegal. The second thing is why the municipality did not notice this earlier? All the procedures of giving notice and then understanding their side are written in the law. Taking such unilateral action just because some leader tells you to is very wrong. This increases the risk of an illegal power centre starting,” according to BBC Marathi.

Political fallout and community tensions

The incident triggered strong political reactions. Vinayak Raut, a leader from the Uddhav Thackeray-led Shiv Sena, condemned the alleged anti-national slogans and questioned the role of the Maharashtra Home Department. “It is condemnable that Pakistani people come to a small town like Malvan and do business there,” said Raut.

“While interacting with the media, he said, ‘It is condemnable that Pakistani people come to a small town like Malvan and do business there. The pests who live in Malvan and raise slogans of ‘Pakistan Zindabad’ should be crushed. Who supported these Pakistani people there? Who encouraged them to do business? If Pakistani people are coming to a small town like Malvan, what is the Maharashtra Home Department doing?’” as reported BBC Marathi.

Locals organised a motorcycle rally, demanding strict action against the family. Reports circulated on social media, claiming that lawyers in Malvan would boycott the family’s case. However, Satish Kumar Dhamapurkar, president of the Malvan Taluka Bar Association, refuted these claims. “This is incorrect information. We have not taken any decision to boycott or not to take legal papers,” Dhamapurkar clarified.

The family’s residency: questions and investigations

Superintendent Agarwal confirmed that the family originally hails from Uttar Pradesh and has been residing in Sindhudurg for 20-25 years. They possess Aadhaar cards, voting cards, and PAN cards issued in Sindhudurg. “The persons against whom the case has been registered are originally from Uttar Pradesh. However, they have been residing in Sindhudurg for the last 20-25 years,” confirmed Agarwal.

“The persons against whom the case has been registered are originally from Uttar Pradesh. However, they have been residing in Sindhudurg for the last 20-25 years. Their Aadhaar card, voting card and PAN card are also from Sindhudurg. Were there any irregularities in obtaining all these documents? We are investigating this,” Agarwal stated.

Nilesh Rane, however, questioned the legitimacy of their residency and documents. “They are three brothers, where did they come from, how did they come? How did they come to Malvan 10-12 years ago, no answer has been found yet,” Rane stated in a video.

 

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A post shared by Nilesh Rane FC (@nileshranesamarthak)

A town divided: unanswered questions and lingering tensions

The Malvan incident has left a community grappling with unanswered questions and lingering tensions. The absence of concrete evidence, the swift punitive action, and the involvement of non-governmental entities have raised serious concerns about the erosion of due process and the rule of law.

“No evidence surfaced on anti-India slogan and Malvan never had a history of communal tension,” reports indicated. “Doubt of whether any such slogan was raised. This is not confirmed however. Malvan never had a history of communal tension: According to a video shared by the Hindutva Watch, claims that the shop of the family raised in the presence of local right-wing leaders, they also raised the slogans against the Muslim family.

However, the Malvan incident presents a complex situation marked by rapid action and numerous unanswered questions. The swift arrest of the family, the demolition of their shop, and the lack of concrete evidence raise concerns about due process and the influence of political entities.

Was the demolition legally justified, especially without prior notice?

How did a single accusation lead to such drastic measures, and what role did political figures play in these actions?

The absence of video evidence for the alleged slogans leaves the foundation of the case in doubt. Were the family’s residency documents properly vetted, or were they used as a pretext for further action? The community’s response, including rallies and social media claims, underscores existing tensions.

Related:

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