The Bombay High Court on Wednesday rapped police officials for not taking action against those violating noise pollution norms.
The High Court has directed the Commissioner of Police (CP) to file an affidavit on why action was not taken against those who violated the norms and what action will be taken against erring police officers.
A Division Bench of Justices Abhay Oka and A.S. Gadkari was hearing a bunch of petitions highlighting the violation of Noise Pollution (Regulations and Control) Rules, 2000, during Ganesh Chaturthi, Navratri, Eid-e-Milap and other festivals.
Two affidavits, which were filed by the investigating officer in court, pointed out instances of breach of noise rules during Ganesh Visarjan and Eid-e-Milap last year. The first affidavit had a chart that recorded complaints of breach of noise pollution rules and registration of 22 cases. The affidavit said that no investigation had been conducted in 12 cases. It mentioned that the police had shut down loud processions at Girgaum Chowpatty, but political parties continued to make noise that the Indian Police Service failed to take any action.
The court said, “Both the reports on noise pollution was submitted to the Maharashtra Pollution Control Board on January 25 this year. There has been a delay in filing the affidavit. The option was available to file complaints or call officers to file complaints. Surprisingly, the affidavit only tendered an apology and gave no explanation for the inaction.”
During Eid-e-Milap, a complaint was emailed to the police on major violations of noise pollution norms at Railway Colony in Bandra (East). The only response of the police was that the action taken on the complaint would be made available. However, they did not take any action to maintain law and order.
‘Highly contemptuous’
The court said no action had been taken and the sound system had not been taken into custody. The Bench asked why the investigating officer did not take any action. The court observed, “Should I ask the CP to take action against the Indian Police Service? This is highly contemptuous.”
The court directed the CP to file a personal affidavit on or before March 2 on what action is proposed against the investigating officer and other officers for not penalising violators. The court also asked the CP to explain why the police could not take charge of the law and order situation. The matter will be heard on March 5.