"If You Cannot Enforce Laws To Remove Hawkers, Let People Take Law In Their Hands": Bombay High Court Slams Maha Govt

The Bombay High Court on Thursday while coming down heavily on the Maharashtra government over its failure to curb the menace of illegal hawkers, said the State must clarify its stand as to whether it will comply with court orders or not or let people take the law in their own hands and do whatever they feel like.

A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that on a street just opposite to the Bombay High Court building, despite earlier orders to remove all illegal hawkers, the Mumbai Police failed to keep a strict vigil despite the Brihanmumbai Municipal Corporation (BMC) officials successfully removing the hawkers. The bench was particularly irked to note that there was a Beat Chowki just a few steps ahead from where the hawkers continued to illegally hawk.

Upon asking why the police sleuths failed to take action, Government Pleader Poornima Kantharia informed the bench that the cops are actually taking action but the ones, who are continued to be seen on the streets, are the ones, whom the BMC officials, claim to be having proper licences.

"What's the use of that police chowki? The BMC is removing them (hawkers) but police isn't doing its job of keeping vigil...Your officers are there but so also the hawkers...are your officers helpless?" Justice Khata asked Kantharia, to which she responded in the negative.

Weighing in, Justice Gadkari explained that in a democratic setup, no one can be heard of saying 'no I am not going to follow the rule.'

"Madam, you take a clear stand, whether you will implement the law or you will not. Or let the people take the law in their hands and they will do whatever they want to. You as a State must enforce the law if there is shortage of staff you can call for additional force..." Justice Gadkari orally remarked.

The bench was hearing a suo motu PIL, it took up regarding the menace of illegal hawkers in the city.

During the hearing, the judges refused to urgently hear the separate petitions filed by various associations of hawkers through senior advocates Gayatri Singh and Mihir Desai, who argued that their fundamental rights were being prejudiced.

"A common man walking on the street doesn't have a fundamental right? Or only your clients have fundamental rights? Sorry, we cannot allow any illegality to perpetuate. Your clients do not have licences means they are carrying out business illegally, this cannot continue. We will not let any illegality perpetuate," Justice Gadkari made it clear.

Further, the bench clarified that just because most of the hawkers have been operating from a particular spot from years altogether, the same does not confer upon them any right to operate from there or continue to operate from there.

"There is no place in Mumbai to walk. We are dealing with Fort area now but what about the northern part of Mumbai? You go to stations like Malad, Kandivali, there are no streets at all. Only thing you will see is hawkers, hawkers and hawkers. There is zero action against them. There is no lane for citizens to walk," Justice Khata observed.

Representing Bombay Bar Association (BBA) senior advocates Janak Dwarkadas and Sharan Jagtiani informed the bench that the street just opposite to the High Court (other side of Flora's Fountain), which is mostly used by lawyers, was only cleared on December 5 (during the oath ceremony of new chief minister).

"On 5th Dec when VVIPs entered this area, the entire space was cleared but next day they came back... This is enough to show that when they (authorities) want to, the provisions are enforced strictly and when they choose to, they turn a blind eye.." Dwarkadas submitted.

The bench has adjourned the matter for further hearing till January 15, 2025.