Mormugao Port Dispute: Supreme Court refuses to interfere in High Court’s decision to remove Shivaji Maharaj’s statue


The controversy over the statue of Chhatrapati Shivaji Maharaj installed on the land of Mormugao Port Authority of Goa has now reached a new turn. In this matter, the Supreme Court has clearly refused to interfere in any way in the decision of the Bombay High Court, in which strict instructions were given to remove the statue from the port land. After this big decision, the petitioners had to withdraw their petition from the Supreme Court.

Supreme Court bench did not show interest

This sensitive case was being heard by the division bench of Supreme Court Justice MM Sundaresh and Justice Sheel Nagu. During the hearing, the apex court bench showed no interest at all in passing any favorable order against the order of the High Court. After seeing the clear stand of the court, the petitioners decided to withdraw their Special Leave Petition (SLP).

What option do the petitioners have now?

The Supreme Court passed its order in this case on July 2. Even though the apex court did not stay the High Court’s decision, it has kept a legal path open for the petitioners. The Supreme Court bench has given the liberty to the petitioners that they can file an appropriate application in the Bombay High Court itself and demand modification in the disputed order. The order clearly states that the present petition is allowed to be withdrawn on the appeal of the lawyer.

After all, why did the High Court order to remove the statue?

There was a controversy going on for a long time regarding the statue of Shivaji Maharaj at Marmugao Port. Bombay High Court, while making a strong comment on this matter, had directed to remove the statue from the Port Authority land. The High Court believed that the statue had been installed in “gross violation of local laws”. The court had declared it a completely illegal construction, due to which the decision to remove it was given.

What was the argument of the petitioners in the Supreme Court?

The petitioners who approached the Supreme Court had raised technical grounds as an issue in their argument. His argument was that the Bombay High Court, while hearing an interim application, has effectively granted final relief, which is not fair in terms of legal procedure. However, the top court refused to change or stay the original decision of the High Court on the basis of these arguments. Now all eyes are on whether the petitioners move back to the Bombay High Court or the Port Authority initiates action to remove the statue.