HC slams IPS officer for 'helplessness' on noise

MUMBAI: Bombay high court on Wednesday slammed Mumbai police over its failure to crack down on noise rule violators during Ganpati and Eid-E-Milad festivities last year. A division bench of Justices Abhay Oka and Ajay Gadkari directed police commissioner Subodh Jaiswal to spell out what action would be taken against IPS officer Manjunath Singe and other officers "pleading helplessness" in enforcing court orders on noise pollution.

The court was hearing about compliance of its 2016 orders in a public interest litigation filed by Awaaz Foundation. "Though the judgment is in place for over two-and-a-half years, it seems the IPS officer has not even bothered to read it or take action despite repeated violations being pointed out," said the judges. The bench said they would have been justified in initiating contempt proceedings but at this stage was seeking an explanation from the commissioner.

The affidavits filed before the court revealed that in over 50% of cases no action was take against noise violators. The court was told that of 22 complaints that police received during Ganpati festival, action had not been taken in 12 cases. During Eid festival, the affidavit claimed that no complaints were received, despite the petitioners pointing out specific cases.

The court's ire was raised in the case of two incidents mentioned in the affidavit filed by Singe, deputy commissioner of police (operations). It was revealed that during Ganpati visarjan, while police stopped processions from playing music after midnight, it had allowed political parties to continue at Girgaum Chowpatty. The second related to Eid festivities in Khar, where police failed to act. Justifying the inaction, police claimed they did not confiscate the sound equipment to prevent a law and order situation.

"Police can't plead they are helpless as there will be a law and order situation. Is this not a mockery? Is Mumbai police saying they cannot implement court orders. It is the duty of police to maintain law and order," said the judges. The court told the commissioner to specifically explain why police said they were helpless.

The bench pointed out that its 2016 orders to implement noise rules were challenged by the state government before Supreme Court, which had dismissed the plea. The bench observed that police had data about political parties that violated court orders but chose to with hold it. In none of the cases police officers lodged an FIR for offences under Environment Protection Act or called for an explanation from officers who had not initiated action against offenders. The petitioners claimed police had merely taken sound recordings and filed reports with Maharashtra Pollution Control Board, but had not confiscated equipment or registered criminal cases.