Bombay High Court pulls up petitioner who claimed that Maharashtra did not observe two minutes silence on Martyr’s Day

The Bombay High Court on Monday pulled up a petitioner who claimed that the Maharashtra government did not implement a circular of the Central government which called for ringing of sirens at 11 AM on January 30 to mark Mahatma Gandhi’s death anniversary, also observed as Martyr’s Day. [Feroz Mithiborwala v. State of Maharashtra & Ors].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..The Central government had directed state governments and union territories in its circular of January 7 to observe two minutes' silence at 11 AM on January 30 in 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..The petition was taken up for hearing after the Court observed two minutes' silence as per the State circular. Advocate Avinash Gokhale, appearing for Mithiborwala, 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.“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.Gokhale argued 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? It's very easy to file a petition in a vague manner,” the Bench remarked. .However, since the petitioner sought for time to place additional facts on record, the Court adjourned the plea for hearing to March 30, 2023.