Mumbai: The Bombay High Court on Friday set up an Special Investigation Team (SIT), under the supervision of Joint CP (crime) Lakhmi Gautam, to probe the FIR registered in the violence that erupted in the aftermath of demolition of 650 tenements at Jai Bhim Nagar in Powai in the middle of a raging monsoon on June 6.
The SIT will be headed by additional commissioner of police (Crime) Shashi Kumar Meena, who will select DCP and other officers to be a part of the team.
The bench of Justices Revati Mohite-Dere and Prithviraj Chavan said they expect that the investigation is done in a “fair and impartial manner”. The HC had said on Thursday that it will ask an SIT to probe the demolition.
The HC passed the order while hearing a plea by 28 homeless slum dwellers seeking prosecution of civic officials and the police for the demolition under the provisions of the IPC for house trespass, voluntarily causing hurt and provisions of the SC/ST Act. They have also sought compensation.
On Friday, public prosecutor Hiten Venegavkar submitted a chart of the police officers to the bench. Advocate for the petitioners Ghansham Upadhyay urged the court not to appoint a DCP as a head of the SIT since allegations have been made against the local DCP.
Agreeing, the bench directed formation of SIT to be headed by Meena and called for a status report after three weeks. The court was informed early this week that the two FIRs registered in connection with the demolition have been transferred from Powai police to Sakinaka police. Also, the complaints by the residents on August 14, 15 and 16 were also transferred. The bench has directed to transfer all the necessary documents from Sakinaka police to the SIT.
Advocate Swaraj Jadhav, appearing for six more residents who wanted to intervene, said that they too wanted to record their statements but were not entertained by police. Jadhav said these residents want to register an offence for theft against the Powai police, BMC officers and the bouncers of the developer as their money and valuables were missing from their homes which were demolished. He said that after the demolition, the entire area was cordoned off with tin sheets and they were not allowed to enter and retrieve their belongings, including money.
The demolition drive came under severe criticism as the State government has issued a circular in June which restrained the authorities from demolishing unauthorised structures, slums and encroachments on government, semi-government and private lands during the monsoon period from June 1 to September 30.
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The residents claimed that they have been residing there for over 30 years and have all necessary legal documents such as Aadhaar 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.
