Mumbai: The Bombay high court has asked the Mumbai police commissioner to file an affidavit for inaction against organisers responsible for noise pollution during Eid processions last year.

The court also directed the commissioner to explain in the affidavit the action he proposes to take against those officers who failed to act against the violators in the past, despite an existing HC order mandating that prompt action be taken against such people.

A bench of Justices A.S. Oka and A.S. Gadkari was hearing a public interest litigation filed by the Awaaz Foundation about violation of noise norms. The police had filed two affidavits in compliance with a previous HC order about noise violations at Girgaum Chowpatty during the immersion of Ganesh idols in September last year and at Khar during Eid celebrations in November last year.

The affidavit, filed by IPS officer Manjunath Shinge, informed the bench that officials had refrained from taking strict action such as confiscating the loudspeakers or music systems as they anticipated “law and order” problems. At this, the bench expressed surprise and asked how the police, “whose job it was to maintain law and order, could claim helplessness and refrain from taking action in the name of law and order?"

“Why were the violators not booked after receipt of complaints? He shall personally file an affidavit not just giving an explanation but also informing this court what action he proposes to take against the errant officers. We want the police commissioner to explain this,” the bench said.

It has now directed the commissioner to file an affidavit by March 2 this year. On the Girgaum issue, the affidavit said that the local police had received 22 complaints and taken action in most cases.