HC ‘surprised’ at confusion over Ganpati pandals

The Bombay High Court on Monday expressed surprise on the ‘confusion’ between the Nashik Municipal Corporation (NMC) and city police, regarding action that had to be taken against illegal Ganpati pandals in the city.

The court pulled up a police official, who suggested to the civic body and its chief Tukaram Mundhe, not to act against an illegal pandal. A division bench of Justices Abhay Oka and Mahesh Sonak was upset over a ‘letter’ written by a deputy police commissioner to the civic chief suggesting that he should not take action against a particular Ganpati pandal as it might lead to a ‘law and order’ situation in the city.

This came to light after NMC filed a compliance affidavit in response to earlier orders of the bench, asking it to take stern action against illegal pandals.

As per the affidavit, the police officer suggested that the civic body should not initiate action against an illegal pandal, which is being set up annually for the last 40 years. The officer further said that action against the pandal might not go down well with devotees and a law and order situation might arise.

Having perused the affidavit, the bench said, “It appears there is a separate battle going on between the police and the corporation. We fail to understand why the police are interfering with the work of the corporation.

The deputy commissioner had no authority to write a letter with such suggestions.”

“As far as the law and order reason is concerned, the orders of this court are clear,” the bench remarked.

With this remark, the government pleader tendered an instant unconditional apology and sought leave of the bench to file a fresh affidavit, even as the police department assured that it will withdraw the letter in question and ensure that such an act is not repeated.

The bench allowed the corporation and police department to file fresh affidavits and posted the matter for a further hearing after two weeks.