Consider Introducing More Responsibilities Under Bombay Police Act For Cops To Tackle Issue Of Illegal Hawkers: High Court Suggests State

The Bombay High Court on Wednesday asked the Maharashtra government if it can consider amending the provisions of the Bombay Police Act and also the Mumbai Municipal Corporation (MMC) Act to add more responsibilities for the city's police officers, so that they can help out the civic officials in curbing the menace of illegal hawkers in the city.A division bench of Justices Ajay Gadkari and Kamal Khata noted that the police does not have the powers or the authority to check the licences of the hawkers, who are found hawking on the streets and instead it is the duty of the civic officials."We have seen that once the civic officials take action and remove the hawkers, they return to the sites, within minutes of the officials leaving from there. In fact, even in the presence of the police officers, such hawkers return to the sites, from where they were just removed by the civic officials. Take for instance, on the street just opposite the High Court (Flora Fountain area), there is a chowkie, action is taken by the civic officials, police are present in the chowkie but yet we still see the hawkers there," Justice Khata said. Weighing in, Justice Gadkari said, "Even the police officers seeing some illegality are required to call upon them and take action. Thus, we want to know if any amendment can be brought in the Bombay Police Act or the MMC Act, so as to introduce some more responsibilities for the police. This is just a suggestion."At this, Advocate General Birendra Saraf however, said that this is a policy issue, which the State will have to decide. "Milords, the essential duties of the police is to look after the law and order but yes, there is no question of not providing the requisite support and protection to the civic officials, who go out there to remove the hawkers," Saraf submitted. However, the judges, made it clear that they are only concerned with the fact that the citizens should not be 'harassed' by the hawkers, as has been going on across Mumbai. Saraf suggested that the civic officials can consider confiscating the goods of the hawkers as that can deter them from flouting the norms instead of imposing the fine of Rs 1,200. "Again, confiscation of goods is not the duty of the police since they are not authorised to. It is the powers of the civic officials," Saraf said.To this, Justice Gadkari said, "Thus, we are giving you this suggestion. We do not want the law enforcers to be mute spectators..."The court also reiterated that if the State too feels helpless in this issue, it must say so to the court. "If BMC says we are unable to control, State too can say that we aren't able to control this issue... then where will the poor men go? Where should the citizens go? Should they take the law in their own hands," Justice Gadkari said. The bench further pointed out that the BMC has totally failed to keep its '20 sites' which it had identified last year as a 'pilot project' completely free from hawkers. The bench has adjourned the hearing in the matter, with a directive to the authorities to continue to monitor the situation and act against illegal hawkers.

Consider Introducing More Responsibilities Under Bombay Police Act For Cops To Tackle Issue Of Illegal Hawkers: High Court Suggests State

Narsi Benwal

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