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Before addressing the issues placed before the Bombay High Court, the court examined the role of the Police Officer. The HC said that a Police Officer named Shri. Wankhede has attempted to mislead the court and this court could start contempt proceedings or take disciplinary actions against him.
The Police Officer had mocked the previous order of the court on the issue of compulsion of helmets. On contrary, he said that he respects and obeys the court and his intentions are clear and never meant to defy the court orders. The officer made a statement on a WhatsApp group stating that the compulsion to wear helmets would be implemented post lockdown, later he tried to rectify the statement by adding that still there was no relaxation from wearing helmets. The Chief Public Prosecutor urged before the court to show leniency because the said officer was not referring to any relaxations from the use of helmets and he is retiring shortly.
Amicus Curiae pointed out that this message was posted on a WhatsApp group called “Cops and Media” which includes many high-rank officials, people from the media houses and social workers. The statement made to the press by the officer was in the Marathi language. The court said it should not turn blind in the matter where a Police Officer ignored the order given by the court and the bench of Justice RV Ghuge and Justice BU Debadwar was convinced that the officer has misled the court.
The Bombay High Court also addressed the issue dealing with violation of lockdown restrictions by the MLAs and the hon'ble ministers of the state. It was stated before the court that Ministers and MLAs are conducting public functions without even practising social distancing norms. The Court questioned the attitude of the ministers that what is the reason behind this public gathering or functions such as inauguration and Bhoomi pooja when there is a lockdown imposed in the state. Do these public representatives believe they are above the law? It also questioned that aren't ministers and MLAs duty-bound to follow the Chief Minister's directions.
The court stated that fighting with the virus should be the 1st priority and the lockdown restrictions are an inexpensive and long-lasting way to tackle it. So the restrictions imposed by the Chief Minister should be obeyed sincerely by the common man as well as the hon'ble public representatives. The court directed the ministers and MLAs to not conduct any physical ceremony such as the inauguration of any constituency development program, bhoomipujan, felicitations, etc. The court also prohibited the morchas and agitations.
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