"Where Should The Common Man Go?" Bombay High Court Pulls Up BMC, Police For Passing The Buck On Issue Of Illegal Hawkers

The hearing on the issue of illegal hawkers before the Bombay High Court took an interesting turn on Tuesday (April 21) after the Court sent two advocates to immediately inspect the to inspect the area from CST railway station upto the HC.

A division bench of Justice Ajay Gadkari and Justice Kamal Khata took note of the grievance made before it by BJP Corporator Harsh Patel from suburban Goregaon, who highlighted the failure of the civic body in taking action against illegal hawkers, resulting in them continuing with their menace at all public places even the railway platforms. 

Irked over this, the judges asked advocates Chaitanya Chavan and Jamshed Mistry to immediately inspect the said road and report to the court if the space is free from hawkers. The bench also ordered 'armed policemen' to accompany the two advocates - Chavan (representing the BMC) and Mistry (the Amicus Curiae in the matter).

The judges asked the two advocates appointed as 'Court Commissioners' to inform the court whatever they observe and passed over the matter for further consideration after an hour. 

On their return, Chavan and Mistry informed the judges that the road was 'mostly clear' near CST but the area near the famous 'Flora Fountain' (just opposite to the HC) had some hawkers and most had fled the site. They informed that while some of the hawkers had licences, some admitted they did not possess one.

As the hearing progressed, Chavan told the judges that the BMC officials have been taking timely actions against illegal hawkers, however, as soon as they leave the site, the hawkers return and continue with their business. 

"It is the duty of the police to ensure that the hawkers do not return once our officials have cleared the site. Not only as per the law but even as per a Supreme Court judgment, the police must keep patrolling the site and ensure that the hawkers do not return," Chavan submitted. 

At this, newly appointed Chief Government Pleader Anjali Helekar argued that the police alone is not responsible for the compliance of the court orders and that during the patrolling hours, even the civic officials need to accompany the cops. She stated that the police does not have the power to check the licence of the hawkers and that it is the duty of the civic officials. 

Irked over the submission, Justice Gadkari said, "How can the State make such a submission madam? You are a State Police you cannot say that we don't have powers... please do not tell us that your officers are unable to recognise who is an illegal hawker."

Weighing in, Justice Khata explained that when the cops accompany the civic officials initially to remove illegal hawkers from a site, the cops get an idea who is an illegal hawker and who has a licence. "You are a State madam, you cannot make such a statement... State cannot be heard saying like this," the judge remarked. 

Further, the bench criticised the BMC and the State for shirking off their responsibilities and questioned, where should the common man go.

"When the State is not taking its responsibility and is not following orders of the Supreme Court as well as of the High Court, where should the common man go? The State and the civic body officials are just frustrating the orders passed by the Apex Court and also by this court. Where do you expect the citizens to go?" Justice Gadkari questioned. 

However, noting that Helekar took charge as a Chief Government Pleader (Original Side) only on Monday evening (April 20), the bench granted her time to take instructions from senior officials of the State's Police Department as to how they propose to comply with the court orders.

"Police must provide proper security to the civic officials visiting various sites and ensure no one is harmed. You need to ensure that these hawkers do not return. Take instructions from the senior most officials of the police department and make submissions on how you propose to comply with our orders," the judges said while adjourning the hearing till next week.