PIL 191/09 1 SSK/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.191 OF 2009 Shri Nitin S. Deshpande & Ors. ....Petitioners Versus The Commissioner of Police, Thane City, Thane & Ors....Respondents Mr. S. K. Shinde, Advocate for the Petitioners. Mr. R. P. Behre, AGP. CORAM : SMT.RANJANA DESAI & R. V. MORE, JJ. DATED : 8th SEPTEMBER, 2010. P.C.: The petitioners are residents of Rabodi Koliwada, Thane West. The petitioners have prayed that a direction be issued to the respondents that they should notify and/or earmark the second route i.e. Akash Ganga Complex, Thane jail route for all the religious processions. It is further prayed that respondent No.1 be directed to issue a prohibitory order restraining the processionists from using the first route i.e. Akash Ganga Complex, Kokani Kabrastan, Noor Masjid, Ideal High School, Soonni General Kabrastan, Shankar Mandir, Municipal High School, Jama Masjid, Sanjeevani Hospital, Holy Cross High School and St. James Church which passes through silence zone. PIL 191/09 2 SSK/ 2. We have heard learned Counsel for the petitioners. Learned Counsel submitted that it is necessary for this Court to grant prayers made in the petition, inasmuch as there is likelihood of communal riots, in case, the traditional route is used. Learned Counsel further submitted that earlier communal riots have taken place between Hindus and Muslims in this area. 3. We have also heard Mr. Behre, learned AGP. Mr. Behre has drawn our attention to the affidavit of Mr.Rupsing Singa Tadvi, ACP, Naupada Division, Thane City, Thane. Mr. Behre submitted that in view of this affidavit, the petition deserves to be dismissed. 3. In this affidavit, Mr.Tadvi, ACP, has admitted that earlier some untoward incidents did take place in the said area. However, in paragraph 6 of the affidavit, he has stated that at the time of festivals which are celebrated both by Hindus and Muslims, the traditional route is used by both the communities. The said route is also used by the political parties for processions. Mr.Tadvi, has further stated that the police have made a lot of efforts to maintain communal harmony between various groups, as a result of which in the year 2009, the Muslim community welcomed the Ganpati immersion procession by offering flowers and providing drinking water to the devotees. It is further stated that at the time of Raksha Bandan, the ladies of both the communities have tied rakhis to Hindus and PIL 191/09 3 SSK/ Muslims. 4. We are happy to note that there is communal harmony in the concerned area. It appears from the affidavit of Mr.Tadvi, ACP, that in view of the communal harmony, there is no likelihood of any untoward incident taking place in the said area now. We also notice that a representation dated 8th February, 2010 was sent by the 3rd petitioner – Azij Shaikh, voicing the same grievance which is raised in the present petition. After giving hearing to the 3rd petitioner, the said representation has been disposed of and a reply dated 8th February, 2010 has been sent to the 3rd petitioner by ACP-Shri Tadvi. It is inter-alia stated in the said reply that police regularly organize Naka Bandi at the entrance to prevent the access of the antisocial elements at Rabodi at the time of immersion. It is further stated that there is no justifiable reason to change the traditional route and that no untoward incident has ever taken place due to Lord Ganesha immersion and the citizens of Rabodi have been enjoying peaceful and harmonious life. As regards the grievance that the processions pass through silence zone, it is submitted that the Thane Municipal Council has not declared the said area as “Silence Zone”. Holly Cross Convent School area is declared as a Silent Zone but the processions do not pass through that area. We have no reason to disbelieve this statement made by Mr.Tadvi, ACP. We, therefore, feel that it is not necessary to entertain the present petition. However, we expect the police to ensure that sufficient PIL 191/09 4 SSK/ police force is deployed at the traditional route. The police should take necessary steps to ensure that the immersion takes place in peaceful manner and no untoward incident takes place. The petition is disposed of in the aforestated terms. (R. V. MORE, J.) (SMT.RANJANA DESAI, J.)