Bombay HC Pulls Up Petitioner Who Claims Maharashtra Didn’t Observe Two Minutes Silence On Martyr’s Day

The Bombay High Court on Monday pulled up a petitioner’s claim that the Maharashtra government failed to implement a Central government circular calling for the ringing of sirens at 11 a.m. on January 30 to commemorate Mahatma Gandhi’s death anniversary, also known as Martyr’s Day.

A Division Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a PIL filed by activist Feroz Mithiborwala, who claimed that the State government had failed to mention the crucial part of activities on national integration in its circular, which was based on the Centre’s circular.

In its circular of January 7, the Central government directed state governments and union territories to observe two minutes of silence at 11 a.m. on January 30 in memory of those who gave their lives during the Indian freedom struggle.

The circular also stated that all work and movement should be halted across the country at this time. It also stated that the two-minute silence would be signalled by the sound of sirens, and it encouraged hybrid mode talks or speeches on the freedom struggle and national integration.

The petition was heard after the Court observed two minutes of silence in accordance with the State circular.

Mithiborwala’s Advocate, Avinash Gokhale, argued that the State circular had failed to include the main reason for issuing the circular, which was to pay tribute and honor Gandhi’s sacrifices.

The bench said that, “Where are the instances of the State failing to follow the circular? There was a siren…show us instances that it was not followed.”

Gokhale argued that most police stations lacked sirens and alarm systems, even in emergencies.

The Court stated that, “Unless you provide specific examples, this is just for the purpose of filing the PIL… The absence of sirens in the police station is a different matter; you are claiming that the circular is not being followed.”

The counsel also stated that the circular provided for national integration lectures in schools, but the same had not been implemented by the state.

The Bench remarked, “Is it more important to observe two minutes of silence or sirens? How many times have you gone to schools and given speeches about national integration? “It’s very simple to file a petition in a vague manner.”

However, because the petitioner requested more time to put additional facts on record, the Court adjourned the plea for hearing to March 30, 2023.