HC raps top Mumbai cop for 'silence' over noisy political mandals
Rosy Sequeira | TNN | Mar 13, 2019, 05:41 IST
Bombay high courtMUMBAI: The Bombay high court frowned at Mumbai police commissioner Sanjay Barve's reply on noise pollution on Tuesday, saying it is "completely silent" on action taken against Ganeshotsav mandals patronized by political parties.
"This will send a wrong signal that political parties can continue to make noise," said a bench of Justices Abhay Oka and M S Sanklecha.
They have sought a fresh reply from the police commissioner. The court is examining compliance of directions to its August 2016 judgment on petitions regarding noise.
On February 20, the police commissioner was directed to file his personal affidavit after the court slammed DCP (operations) Manjunath Singe over two affidavits he had filed on breaches during Ganeshotsav and Eid-e-Milad but had not given explanation for inaction against them. The police commissioner was also told to state what action he proposed to take not only against Singe but also officers responsible for tolerating breaches.
The judges said the commissioner's affidavit does not speak about the action taken but rather about conducting seminars for policemen. They then noted that it is "completely silent" on action regarding "noise from political party mandals". The judges said they will have to record that there is no intent on the part of the government and its officers to follow the August 2016 judgment. "Some strong action has to be taken. We expect answers. We expect the commissioner of police to tell us what will happen in future. He must at least give an assurance," said Justice Oka.
Advocates Rohaan Cama and Shanay Shah, for petitioner NGO Awaaz Foundation, said the commissioner's reply is lip-service to the court's orders. "Time after time, false statements are made in affidavits," added Cama. Government pleader Abhinandan Vagyani said action is being taken against officers responsible for adherence to noise rules. The judges said the commissioner must file a fresh affidavit before the next March 20 hearing "or we'll have to say something on the manner in which the (commissioner's) affidavit is filed".
"This will send a wrong signal that political parties can continue to make noise," said a bench of Justices Abhay Oka and M S Sanklecha.
They have sought a fresh reply from the police commissioner. The court is examining compliance of directions to its August 2016 judgment on petitions regarding noise.
On February 20, the police commissioner was directed to file his personal affidavit after the court slammed DCP (operations) Manjunath Singe over two affidavits he had filed on breaches during Ganeshotsav and Eid-e-Milad but had not given explanation for inaction against them. The police commissioner was also told to state what action he proposed to take not only against Singe but also officers responsible for tolerating breaches.
The judges said the commissioner's affidavit does not speak about the action taken but rather about conducting seminars for policemen. They then noted that it is "completely silent" on action regarding "noise from political party mandals". The judges said they will have to record that there is no intent on the part of the government and its officers to follow the August 2016 judgment. "Some strong action has to be taken. We expect answers. We expect the commissioner of police to tell us what will happen in future. He must at least give an assurance," said Justice Oka.
Advocates Rohaan Cama and Shanay Shah, for petitioner NGO Awaaz Foundation, said the commissioner's reply is lip-service to the court's orders. "Time after time, false statements are made in affidavits," added Cama. Government pleader Abhinandan Vagyani said action is being taken against officers responsible for adherence to noise rules. The judges said the commissioner must file a fresh affidavit before the next March 20 hearing "or we'll have to say something on the manner in which the (commissioner's) affidavit is filed".
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