'Stars On Your Shoulder Sign Of Great Responsibility': Gujarat High Court Criticises Police Over Failure To Assist In Preventing Cattle Menace

Referring to a recent incident where a police jeep was surrounded by armed bikers, Justice Shastri questioned the message being sent to society. He emphasized the alarming situation described in the Gujarat State Legal Services Authority’s report, stating that it seemed as if no rule of law was prevailing.

Justice Shastri stressed, “See the report, it is alarming. as if no rule of law is prevailing. we don't allow our citizens to the mercy if this is ineffective. What are the solutions which you are having in mind? We are very disturbed on account of this report which we have seen. on paper. On paper we were under the impression that every step is being taken in a regular manner. But a report is something which is quite alarming and contrary to what is prevailing on the report… You take some stringent measures, it can't be tolerated like this.”

Turning to the Municipal Commissioner, Justice Shastri questioned the effectiveness of the daily monitoring claimed in the affidavit. He cautioned against mere formalities, emphasizing the need for concrete actions to address the issue.

In response, Advocate General Kamal Trivedi requested some time to control the situation. Justice Shastri granted a week's time to assess improvements and warned that if the situation did not improve, the court would pass necessary orders.

Justice Shastri also directed his concerns to the Principal Secretary, emphasizing the need for strict measures to curb the escalating menace. He gave a one-week deadline for improvements, stating that the court would closely monitor the efforts made.

Justice Shastri said, "Have you seen what is occuring in the city? Across the State? And daily newspapers are reporting that deaths are occurring on account of this uncontrollable menace. You have to put some checks with iron hand. we cannot tolerate this. We will grant only one week's time and we will see whether the situation has improved or not. What steps are taken and otherwise the Order is ready. The Learned Advocate General is appraised of this. It is but for the request we have deferred further. We will keep this on the 6th."

He further said, “What kind of steps are in contemplation? Whether the situation has improved or not, we would like to ensure. Our people should have faith in system. Law and Order agencies must have some control over the people who are troubling the issues. If the people are not improving upon, it is for the authorities to curb the activities. We cannot allow for such kind of things to go on. We will keep this matter on 6th. Let us see what kind of efforts you are making, and whether the situation has improved or not. Until then we defer this issue.”

“Don't take this personally, but people have faith in the system. The faith should prevail. That's the reason why we are reflecting anguish,” Justice Shastri told the counsels.

On Thursday the Court had deferred its order concerning the persistent cattle menace by a day, acceding to a request from the Advocate General Kamal Trivedi who assured the court of his personal commitment to resolving the issue. Trivedi pleaded, “We must see things are in order. Let the last opportunity be given to us. I will personally see that whatever episodes have been cited in the report, not only those episodes are taken care of one after another but whatever needs to be done in ongoing fashion, we’ll see that it is done.”

It was brought to the court's attention that a deputy municipal commissioner of Ahmedabad Municipal Corporation (AMC) had been attacked on Thursday by cattle owners and was currently hospitalized.

G H Virk, counsel for AMC, informed the court, “In the work we are doing, yesterday my deputy municipal commissioner (was attacked)…he is in the hospital today, all because of the cattle owners. They (AMC officers) are not able to do their work while their (cattle owners’) application remains pending here (before the Gujarat HC, to be joined as parties in the ongoing litigation) and they create immense obstacles (for AMC).”

Justice Shastri acknowledged the incident, stating that he had learned about it from the newspapers. Consequently, the court summoned the municipal commissioner’s presence, emphasizing the gravity of the situation.

The matter has now been posted for 7th November for further hearing.

Appearance: Mr Amit M Panchal(528) ForThe Applicant(S) No. 1 G H Virk(7392) For The Opponent(S) No. 2 Mr Kamal Trivedi Ld. Advocate General Ms Manisha Lavkumar Shah Government Pleader For The Opponent(S) No.

Case Title: Mustak Hussain Mehndi Hussain Kadri Versus Jagadip Narayan Singh, IAS

Case No.: R/Misc. Civil Application (For Contempt) No. 979 Of 2019