Bombay High Court Pulls Up Police For Non-Implementation Of Its Order For Pollution Curb During Festive Season

The High Court had earlier passed orders on obtaining permission to use music systems in the processions and burning of firecrackers on busy public streets.

The Bench comprising Justice G. S. Kulkarni and Justice Neela Gokhale held, “An affidavit be placed on record by the Commissioner of Police, confirming that all officers in-charge of police stations and the relevant police machinery have been adequately apprised of the orders passed by this Court and that the said orders shall be implemented in letter and spirit. Such direction has become necessary for the reason that the concerned police officers are either unaware of, or have not been adequately informed of, the orders passed by this Court. Unless the officers are duly apprised of the orders passed by this Court effective implementation of the orders cannot take place, thereby causing severe annoyance and disturbance to the public at large, apart from breach of their legal rights as observed by us.”

Advocate Rajendra Desai represented the Applicant while Govt Pleader Anjali Helekar represented the State.

In this case, the Court had earlier directed 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, and footpaths, should not be permitted. The notices were 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.

The Bench took note of the fact that the seriousness of the issue had also been set out in the operative order, which required that complaints received by the respective Nodal Officers be addressed with utmost expediency and that prompt action must be taken. It was noted that in the October 15 order, various directions were passed relating to a total ban to the bursting of firecrackers during festivities on public streets, roads, etc. The authorities were asked to take measures to implement the said direction and prevent air and noise pollution being generated by the use of firecrackers. Prompt action was also ordered to be taken.

The Bench found that despite such orders, the police machinery was yet to be effective.

“The orders passed by this Court whether are at all brought to the notice of the concerned official in-charge of the police stations is not known, 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 is not being controlled”, it added.

Considering that there appeared to be routine violations of the orders passed by the High Court, particularly in relation to processions and burning of firecrackers on public streets, the Bench directed the Commissioner of Police, Mumbai, to convene a meeting with all officers-in-charge of Police Stations and bring to their notice the orders passed by the Court.

“An affidavit be placed on record by the Commissioner of Police, confirming that all officers in-charge of police stations and the relevant police machinery have been adequately apprised of the orders passed by this Court and that the said orders shall be implemented in letter and spirit. Such direction has become necessary for the reason that the concerned police officers are either unaware of, or have not been adequately informed of, the orders passed by this Court”, it ordered.

Listing the proceedings on October 26, 2026, the Bench asked the Municipal Commissioner and the Police Commissioner to place affidavits on record.

Amicus: Advocates Anand Pai, Lavanya Panicker

Respondent: Advocates Rajendra Desai, Krishna Ratnaparkhi, Akshay Pawar, Vasim Siddiqui, Govt Pleader Anjali Helekar, G.P., with Additional Govt Pleader Jyoti Chavan, Advocate Jaya Bagwe for M.P.C.B. , Advocate Oorja Dhond for B.M.C.