HC blows a fuse over noise meters, summons retired babu for contempt

MUMBAI: Furious at being “taken for a ride”, the Bombay high court summoned retired additional chief secretary (home) K P Bakshi on Friday, to hear him on a sentence it intends to pass for contempt of its order to procure noise meters.
“We’ll tell you why we want to convict him…why there is no option but to convict that person,” said a bench of Justice Abhay Oka and Justice Anuja Prabhudesai.
The court said while Bakshi had assured that the entire lot of 1,853 decibel meters will be procured, the latest affidavit filed by chief secretary Swadhin Kshatriya shows 1,240 meters have been procured and 613 meters will be procured by December end. The judges noted that nothing has been done in respect of 613 meters. “Even work orders are not placed,” said Justice Oka.
Bakshi retired on November 30. In May, Bakshi was issued a contempt notice for “wilful and deliberate breach” of the court’s January 4 order to procure decibel meters within three months.
The order was passed in response to a PIL by Dr Mahesh Bedekar on the menace of noise during festivals.
Slamming the government for its “absolutely callous approach,” the judges said only by way of indulgence it granted time to the government to procure the meters. Justice Oka also said, “We committed a mistake granting exemption (to Bakshi from appearance).”
Government’s advocate Vishal Thadani said work orders are now placed for 613 meters and were earlier cancelled after suppliers defaulted. The judges said Kshatriya’s affidavit is “completely contrary” to Bakshi’s affidavit. They pointed out that Bakshi’s first assurance was that all meters will be procured by August end. Thereafter on October 4 a new assurance was given that the meters will be procured by mid-November and even that date has passed.
The bench said Kshatriya’s affidavit reveals that orders for noise meters were first placed only in September. “Court was taken for a ride. We kept relying on your (Bakshi’s) assurances,” said Justice Oka.
The judges asked senior advocate S M Gorwadkar, representing Bedekar, to go through Kshatriya’s affidavit and address the court. They directed “the contemnor (Bakshi) to remain personally present in court” on December 23. “Submissions are heard. We’ll be hearing you (Bakshi) on sentence,” said Justice Oka.