A division bench of Chief Justice DK Upadhyaya and Justice Amit Borkar issued notices to all political parties directing them to show cause as to why contempt proceedings should not be initiated against them for defiance of court orders.
For the past several years, the HC has been calling for strict action against illegal banners and hoardings and ordered all political parties to file an undertaking assuring that their workers would not put up such hoardings.
All political parties — BJP, Congress, Shiv Sena, NCP and MNS — had then submitted an undertaking.
“The court had in its earlier orders taken on record the undertakings given by the political parties. However, it appears that these political parties have not come true with the same,” the HC said, PTI reported.
“We issue notice requiring them (political parties) to show cause as to why appropriate action for defiance of the judgment passed in 2017 should not be taken against them under the provisions of the Contempt of Court Act,” it said.
The bench noted that post elections the number of unauthorised hoardings, banners and posters have increased across the state.
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“What can be more horrendous than this? Despite our judgment (of 2017) directing strict action against illegal hoardings, see where we are headed to. This is a very sad situation,” the court said.
The bench questioned as to why orders and judgments are required in such cases when there is a duty cast upon the government and civic bodies under law.
The bench also cautioned civic authorities and said if the court was pushed to a corner then it would be compelled to take strict action. “Don’t push the court to a corner where we have to then take strict action. We are cautioning you (civic bodies),” the bench said.
The court said it was aware of the efforts being taken by the government and civic authorities for removal of unauthorised hoardings, banners and posters, but added these were not enough.
“Why are they even allowed to be put up? You say efforts are made. We are not questioning that but they are clearly inadequate,” it said. While civic bodies are incurring expenditure on deploying staff and infrastructure to remove illegal hoardings, the persons who put up such “hoardings, banners and posters are enjoying their lives,” the HC said.
Advocate General Birendra Saraf submitted to the court that around 22,000 unauthorised hoardings were removed post elections. The bench, however, said the number was insignificant when the total number of such illegal hoardings was not known.
The court carefully examined certain photographs submitted by the petitioners in the case showing unauthorised hoardings put up outside the HC building and also the city civil court.
The bench questioned what action was taken against the person who put up these hoardings and said they have defaced the court premises.
“These photos are testament to complete apathy by the authorities who are not only mandated to check the menace of illegal hoardings but are also under the obligation to follow orders of this court,” it said.
The bench noted that despite the undertakings submitted by the political parties, the number of illegal hoardings, banners and posters have not reduced. “Rather it appears to have increased,” the bench said.
The court noted the government was not bereft of power to compel all civic authorities to comply with the orders of the court.
It posted the matter for further hearing on January 27.
