Maharashtra govt locked horns with judiciary, forced to back off
The year 2017 saw one of the most audacious and embarrassing moment for the state government after it locked horns with the judiciary on the issue of noise pollution.
The issue flared up after the central government made amendments to the noise pollution (Regulation) act which made a Bombay high court order that stressed on observing silence zones infructuous.
The state government through advocate general Ashutosh Kumbhakoni told the court that in light of the amendment, the earlier silent zones were passé and hence it would not restrain people from using loudspeakers. However, the court insisted that till the new silent zones were not demarcated the old ones would remain in force.
In a tussle between legislation and judiciary, the advocates and activists stood with the judiciary accusing the government of pandering to the whims of some by inconveniencing anile, ailing and minor citizens.
Speaking on the issue, senior advocate Satish Talekar said, "A deliberate attempt to circumvent the directions of the high court in respect of silence zones for the purpose of appeasing public sentiments lacked good gesture expected of the government, rather it was per se contemptuous act."
Referring to an attempt to malign the judge, he said that unless, there is enough, authentic and acceptable material to doubt the integrity of a judge, no one however high, much the less a member of the bar would ever in trench upon the honour of a judge even for the sake of posing as a bravado.
Activist Sarita Khanchandani of Hirali Foundation did not mince words while criticising the refusal of the state to accept the directions of the HC.
“It was clearly an attempt to appease a group of revellers who do not care a whit about the inconvenience their celebrations caused to others. The fact that the state tried to undermine the judiciary is a scary thought. Thankfully better sense prevailed and the state apologised and adhered to the HC directions," said Ms Khanchandani.