"Sheer Harassment Of Citizens" Bombay High Court Slams Mumbai Police, BMC For Failing To Act Against Menace Of Hawkers

A division bench of Justices Mahesh Sonak and Kamal Khata was irked over the Mumbai Police and the BMC both seeking time to submit their "action taken reports." The judges lost cool after one of the shopkeepers informed them that despite evicting hawkers earlier, they have once again "encroached" upon the entrance of his shop and one could barely enter the shop.

"What is this going on? When will you bring a solution to this recurring problem? We passed an order last month yet you are not ready with your affidavits. And then all this continues. This is sheer harassment of citizens... People who want to abide by the law are being harassed and made to suffer. The entire State Machinery seems to have collapsed. We cannot expect citizens to keep coming to the courts daily... What you want, should these citizens come and sit in this court and work from here because their premises are encroached upon," a visibly angry Justice Khata orally remarked.

Further the judge told Government Pleader Poornima Kantharia, who represented the Mumbai Police, that the police along with the BMC must bring out a solution to this issue.

"Do you expect these shopkeepers to deploy armed guards outside their shops? If police are unable to take care of the situation should we call the army then? The common man is suffering and that's it. If you do not want to solve this issue shut down or just close the courts. Then there will be no order for you to follow and comply with" Justice Khata observed.

The judges further pulled up Kantharia for the "attitude" of the police force in the issue.

"What will happen if these things happen outside your Mantralaya? We would want to see what you will do then? Don't you have security guards there? We want to see such a situation outside the house of the Governor and see what will you do then. Will you say that you are unable to do it, you will try to do, or ignore the issue like this? We think the issue will he resolved then," Justice Khata emphasised.

The bench was seized with a suo motu public interest litigation (PIL) pertaining to the menace of illegal hawkers within Mumbai. The bench had last month while criticising the the menace of illegal hawkers in the city had issued some directions for the city police and the civic body to follow. However, on Monday both the authorities sought more time to file their reports.

Further, the judges expressed "sympathy" for the illegal hawkers and said the BMC must consider giving them fresh licences at the earliest instead of dragging it's feet over the issue.

"We have our sympathy even for those who aren't eligible but law must be followed properly. We are not against these persons but you should consider giving them licences so they can also become legal hawkers," the bench said, while adjourning the hearing till July 30.