Bombay HC raps Mumbai Police, BMC and MPCB over firecracker and noise violations during festivals

The Bombay High Court has strongly criticised the Mumbai Police, the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) after firecrackers and noise could not be curbed during Navratri and Dussehra.

The court had already directed that firecrackers not be burst in public places and on roads, and that noise levels be kept under control. The rules were broken during the festivals regardless. The court asked the authorities why local police personnel were unaware of the directions and why no action was taken against violators.

A division bench of Justice Girish Kulkarni and Justice Neela Gokhale asked the Mumbai Police Commissioner, the BMC Commissioner and the MPCB Member Secretary to appear in court on Monday. They will have to explain what steps are being taken to get the orders followed. The bench also warned that if officials kept being negligent in implementing the directions, the officers concerned could be held responsible and contempt proceedings could be initiated against them.

The court also expressed concern over rising air and noise pollution in Mumbai. It criticised the state government and civic authorities for acting slowly on the worsening situation. The bench said pollution levels in the city had become a matter of serious concern and that conditions here were allegedly like Delhi's or even worse.

The court asked how officials could remain silent when pollution was affecting lakhs of people and emergency measures were needed. It also referred to reports of heavy smog and low visibility, and said public awareness needed to be raised and people's behaviour needed to change. The bench also questioned the lack of effective action against construction-related pollution and illegal garbage dumping, and said rules and standard operating procedures mostly appeared only on paper.

The court had issued orders on September 22 and October 15 on the firecracker restrictions and noise control. It expressed displeasure that public notices were nevertheless not issued properly. The authorities will now have to inform the public of these restrictions through newspapers and social media by October 24. The public awareness campaign must also explain the harm firecrackers cause to air quality and human health. The bench said plainly that merely issuing orders would not solve the problem unless officials enforced them effectively on the ground.

The court was surprised to learn that police personnel at several police stations were allegedly unaware of its directions. It asked why the police did not intervene when firecrackers were being burst on crowded roads and processions were being taken out without the necessary permission.

The Mumbai Police Commissioner must ensure that all police station in-charges are informed of the court's orders. The Commissioner must also file an affidavit confirming that the directions are being communicated and implemented.

Citing the impact of pollution on the health of lakhs of citizens, the High Court said public health must be given priority. It also questioned the authorities for not showing the urgency expected of them. The bench stressed that making rules alone would not be enough and that they must be enforced effectively. The departments concerned will have to state their position and comply with the court's earlier orders.