Despite clear orders imposing a total ban on bursting of firecrackers on public streets and nearby silence zones like hospitals, schools, etc there has been no compliance of the same, particularly during religious processions, noted the Bombay High Court on Wednesday (October 21).

The High Court took up the matter after noting breach of its orders during the Durga visarjan processions.

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale therefore, ordered the civic and police authorities to apprise all their officers about the October 15 order wherein a complete ban was imposed on bursting of firecrackers, throughout the year.

"We find that, despite the orders passed in the present proceedings, the wheels of the official machinery appear to be turning too slowly to comply even the basic preliminary compliances as ordered by the Court. No steps have been taken so far even to issue the basic notices as directed to the Municipal Corporation and the Maharashtra Pollution Control Board to jointly issue appropriate notices in newspapers, electronic media, social media and other similar means of publicity, informing the public that the burning of firecrackers at public places, including streets, lanes, footpaths shall not be permitted," the bench noted.

The notices, the bench pointed out, are to apprise citizens of the harmful effects of the toxicity caused by the burning of firecrackers and to appeal to them to refrain from burning firecrackers that generate noise and cause smoke and air pollution.

"In our opinion, the seriousness of the issue has also been set out in our operative order, which requires complaints received by the respective Nodal Officers be addressed with utmost expediency and that prompt action must be taken," the bench noted.

The bench further observed that even the police machinery failed to control the violations qua noise and air pollution and opined that the officers in charge of each police station in Mumbai, appeared to be unaware of the October 15 orders.

"Considering no action on the issue of prior permission to use music systems in the processions being obtained, with an undertaking to comply with the decibel limits. Also burning of firecrackers on busy public streets are not being controlled. There appears to be routine violations of the orders passed by this Court, particularly in relation to processions and burning of firecrackers on public streets," the bench said.

The judges, therefore, ordered the Commissioner of Police to ensure every officer is aware of the court's orders so that they can take proper action.

"Any dereliction on the part of the police machinery in this regard, adversely affecting the rights of citizens guaranteed under Articles 14 and 21 of the Constitution of India, shall be viewed seriously in the concerned police officials to be held accountable, if appropriate action is not taken against the erring persons," the bench cautioned.

The judges have now posted the matter for further consideration till October 26.