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No chargesheet against fisherfolk in Uran: HC

The project – which has picked up pace in recent weeks despite a stay order imposed by HC – will allegedly hamper the livelihoods of around 137 fishermen and allied workers.

Published on: Mar 1, 2023, 01:15:10 IST
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Mumbai: The Bombay high court on Tuesday restrained the police from filing a chargesheet against 30 fisherfolk, who were arrested for protesting against the City and Industrial Development Corporation’s (CIDCO) Uran Bypass Bridge in Uran. The project – which has picked up pace in recent weeks despite a stay order imposed by HC – will allegedly hamper the livelihoods of around 137 fishermen and allied workers.

No chargesheet against fisherfolk in Uran: HC
No chargesheet against fisherfolk in Uran: HC

However, the CIDCO has claimed that the HC did not stay the work on Uran Bypass Road. At the time of the arrest, the Uran judicial magistrate emphasised that the project is of “national interest” and the accused had been penalised for “creating danger to the nation.”

On February 17, the fisherfolk secured bail and sought to quash the FIR by countering with a criminal writ petition in the HC. has not stayed the work on the Uran Bypass Road.

On February 23, a bench of justices Prithviraj K Chavan and Revati Mohite Dere in HC remarked that though the police were free to continue with their investigation, yet, “No chargesheet is to be filed without the leave of this court.”

The matter will be heard next on March 14.

The arrests were widely condemned by several activists. Nandakumar Pawar, chairman, Maharashtra Small Scale Traditional Fishworkers Union, had labelled the arrests as, “A clear misuse of power by the state to suppress the voices of marginalised communities.” He added that section 353 of IPC is a draconian charge relating to the assault of a police officer, which has not been substantiated in the FIR at all.

The protesting villages have sent at least five communiques to the police and CIDCO over the past two months, raising concerns over the project. They even sought an FIR against the CIDCO executive engineer overseeing the project. On February 6, the fisherfolk also wrote to the CBD Belapur and Navi Mumbai police informing them of a protest the following day.

Regarding the status of the project, the HC on July 20, 2022, said, “We do not propose to stay the ongoing work indefinitely. But we insist that in its interest the state government informs us what positive steps it proposes to do and on what schedule... Inevitably, until we are told that, we are constrained to direct that no further work should be carried out on the project for a limited period.” This order has not been modified by the court since.

On a complaint from CIDCO, an FIR was filed against 20 men and 10 women, under sections 353, 341, 143, 141, 186, 109, and 506 (read with) 34 of the Indian Penal Code.

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