The Bombay High Court on Monday pulled up a petitioner who claimed that the Maharashtra government failed to implement a circular of the Central government which called for the ringing of sirens at 11 am on January 30 to mark Mahatma Gandhi’s death anniversary, which is also observed as Martyr’s Day.
A Division Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a public interest litigation (PIL) filed by activist Feroz Mithiborwala claiming that the State government had failed to mention the “vital part” of activities on national integration in its circular based on the Centre’s circular.
Advocate for Mithiborewala, Avinash Gokhale, argued that the State circular had failed to include the main reason for issuing the circular, which was to pay tribute and to honour Gandhi's sacrifices.
To this, the bench asked, “Where are the instances of the State not following the circular? There was a siren. Show us instances that it was not followed,” the Bench said.
Mr Gokhale pointed out that most of the police stations did not have sirens or alarm systems even for emergencies.
“Unless you give us specific instances, this is just for the sake of filing the PIL. Sirens not being there in the police station is a different thing, you are saying circular is not being followed,” the Court said.
The counsel added that the circular provided for lectures in schools on national integration, and the same had not been implemented by the State.
“What is important is observing two minutes of silence or sirens? How many times have you gone to the schools and delivered lectures on national integration?” asked Justice Gangapurwala, adding “It's very easy to file a petition in a vague manner.”
However, since the petitioner sought time to place additional facts on record, the Court adjourned the plea for hearing to March 30, 2023.
The Ministry of Home Affairs has issued a circular on Jan 7, 2022 to all state government / union territory administrations directing that on January 30 every year two minutes of silence will be observed at 11am in the memory of those who sacrificed their lives during the Indian freedom struggle. The circular added that all work and movement should be stopped throughout the country at this time. It also said that the two minutes' silence would be indicated by the sound of sirens, and encouraged talks or speeches on the freedom struggle and national integration to be organised in hybrid mode.
