Shivaji Statue Showdown: Bombay HC Raps Goa Police, Orders Escort for Port's Demolition Drive

In a stern rebuke to Goa's law enforcement, the High Court of Bombay at Goa has directed state police to provide armed security to the Mormugao Port Authority (MPA) for dismantling an illegally erected statue of Chhatrapati Shivaji Maharaj on its prime land at Sada Junction. The bench of Justice Valmiki Menezes and Justice Amit S. Jamsandekar , in Writ Petition No. 511 of 2026, slammed authorities for "gross inaction" and possible "tacit collusion" amid involvement by local MLA Sankalp Amonkar, rejecting pleas to leave the port to its own devices.

Roots of the Ruckus: Denied NOC Sparks Nighttime Takeover

The saga began in December 2023 when Mormugao MLA Sankalp Amonkar sought a No Objection Certificate (NOC) from MPA via Chief Minister Pramod Sawant for a 377 sq.m. Shivaji statue at Headland Sada Junction—port-owned Chalta No. 42, PT Sheet 30, Vasco-da-Gama. MPA's Chairperson denied it on March 22, 2024, citing Ministry of Ports' land policy barring religious or political allotments.

Fast-forward to February 16, 2026: Unknown persons trespassed, erecting the statue on a temporary pedestal amid a former garbage dump. MPA complained to Bogda Police Station, MMC, and officials, warning of law-and-order risks if CISF intervened. Despite pleas, no action followed. On February 19, Amonkar led a 200-strong crowd—including councilors and Ravindra Bhavan chairman—for a lavish unveiling, complete with speeches defying FIRs or court petitions. Nighttime paving and tiling continued, prompting MPA's WP filing on February 18 (heard from March 25).

Port's Outrage vs State's Shrug: Clash in Courtroom

MPA's Arsenal : Trespass under Section 329 BNS ( criminal trespass ), public premises violation under PPA 1971 . Highlighted video evidence of Amonkar boasting, "even if FIR filed... we have erected it," plaque crediting him, and police inaction despite alerts. Demanded police aid to halt works, remove structure.

State's Defense : Invoke PPA Sections 5A-5C for Estate Officer remedies; MPA has CISF for security; no FIR needed as preliminary inquiry (28 statements) ongoing under BNSS Section 173(3). Locals cleared "public" dump; MMC lacks jurisdiction per MPA Act Section 22 (port assets exclude local regs). Civil suit option open. Cited precedents like Caetano Vaz (no MMC role on port land).

MMC echoed: No jurisdiction over MPA land.

Piercing the Veil: Why Court Rejected 'Hands-Off' alibis

The bench dissected the timeline, noting police's own February 17 alert on "law and order situation" yet no prohibitory orders under BNSS Section 164 or magistrate deployment. Unveiling amid WP notice screamed complicity. MPA Act Section 22 excludes municipal regs but doesn't absolve state police from trespass duty—especially cognizable offenses by named politicians.

PPA remedies? Impractical against "unknown" builders; doesn't cover immediate law-order threats. CISF argument dismissed: "The State cannot be heard to say... free to use Central Forces... would the State take the same arguments [for] Airport Authority?" Precedents like Kolkata Port affirmed port autonomy but not state abdication.

As media reports noted, the court rejected state pleas outright: "Where issues of law and order are involved... it is only the State through its agencies... can adequately quell such incidents."

Bench Bites Back: Quotes That Sting

  • On Inaction : "It is absolutely unbelievable... such a large gathering could have been allowed on the Port land... without any knowledge of the Police Inspector... If this be so, there is a complete failure of the executive structure."

  • Tacit Support : "The incident points more to a glaring and tacit understanding or arrangements between the authorities... and the local MLA."

  • State Duty : "The State has acted as a mere bystander and has in fact tacitly colluded with the perpetrators of the invasion without offering any assistance."

  • Remedy Limits : "Proceedings under Public Premises Act ... is not a remedy [for unknown persons]... even if such remedy exists... it would still not absolve the State from effectively intervening."

Gavel Falls: Cops on Call, Statue on Clock

Interim Orders (April 7, 2026) : SP South Goa (impleaded R6), Collector, Mamlatdar, PIs to furnish "adequate armed security" and prohibitory measures. MPA to remove statue, pedestal, paving by May 4; SP to report compliance. MLA Amonkar impleaded as R7. Matter relisted May 4 for MMC jurisdiction, inaction probe.

Implications? Reinforces constitutional writs compelling police protection for statutory bodies against political trespass, bypassing specialized laws where breach-of-peace looms. Ports nationwide gain ammo against encroachments; signals zero tolerance for "tacit" official nods to illegality.