The court said that the commissioner did not state what he would do if any officer failed to take action against noise violations.
Mumbai: The Bombay high court has expressed displeasure at the affidavit filed by the Mumbai police commissioner on noise pollution.
At last hearing, the court asked the commissioner to file an affidavit, seeking explanation about not taking action against Ganesh mandals that were creating noise pollution during the immersion process and Muharram processions.
The court said that the commissioner did not state what he would do if any officer failed to take action against noise violations during the festive season. Thereafter, the public prosecutor accepted his mistake and sought time to file an affidavit.
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 rules.
The police had filed two affidavits in compliance with a previous HC order over noise violation at Girgaum Chowpatty during the immersion of Ganesh idols in September last year, and at Khar during Eid celebrations in November last year.
At last hearing, an affidavit filed by IPS officer Manjunath Shinge informed the bench that officials had refrained from taking any 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?”
The court Wednesday refused to accept the affidavit file by the police commissioner. The court said the commissioner was not inclined to take action against police officers who allowed violations at Girgaum Chowpatty and Mahim.
The court then gave one more opportunity to the police commissioner to file his say.
The court also asked the commissioner what action he would take against any person if such an incident occurred in future?