BJP, Shiv Sena netas under Bombay HC scanner for harming mangroves

The Bombay High Court on Thursday directed the Mira Road police to consider whether two municipal corporators, BJP's Parshuram Mhatre and Shiv Sena's Anita Patil, can be added as the accused in a case of allegedly encroaching on government land and of destroying mangroves.

Directing the police to take a decision within a week, the division bench of Justice SC Dharmadhikari and Justice Bharati Dangre held, "Politicians are not God nor are they above the law."

Public prosecutor Prajakta Shinde said, "The court has asked the police to consider if there is prima facie evidence against the two politicians and take appropriate action as per the law."

The direction was given during the hearing of a PIL filed by an activist Bharat Mokal through his lawyer DS Mhaiskar, who on the last occasion had pointed out a report forwarded by the local talati to the Tahshildar indicating the names of the corporators but the police had not acted against them. The court had then called for a report from the local Deputy Commissioner of Police and asked the petitioner to appear before the police and record his statement.

The court, while giving the direction, said, "The Act clearly states that all offenders are liable to be punished. State officials should be bold enough to bring to the court's notice any attempts by political members to undermine their powers."

Appreciating the petitioner's efforts, the court had said, "Mangroves have to be protected for they act as a buffer and sometimes prevent natural calamities. In such circumstances, we would expect greater sensitivity on the part of high-ranking officials. Instead of people rushing to court with these grievances, and particularly complaining that there has been no or incomplete or haphazard investigations, we expect somebody in the police machinery to realise that vigilant citizens often provide vital clues and information about the crimes in their own vicinity."