Bombay HC praises NGOs role in detecting state irregularities

The Bombay High Court Division Bench of Justices T.V. Nalawade and K.K. Sonawane recently came out with praise for the NGOs role in detecting irregularities largely indulged in by state bodies and their affiliates including educational institutions. The Court lauded their involvement in exposing malpractices especially in far flung tribal areas.

However, the Court expressed displeasure about the manner in which inspections were carried on by government authorities, observing they were not proving helpful and there was no proper mechanism to address issues, whenever they arose. Going by the expositions of the NGOs, the Court observed the NGOs only made enemies not only in politics but also with the revenue authorities and the police department.

The Court noted instead of applauding the NGOs, they were castigated with registration of criminal cases, externment orders and branded as menace to society. The case in point of a 28 year old student and social activist agitating for the rights of tribal people in the Marathwada region of Hingoli district, branded as a threat to life and property of people in the region under Sections 353, 323 and 149 of the Indian Penal Code (IPC) provided the Court with ample leeway to put the case in its proper perspective as of interest to public at large instead of affecting public order. It observed that the NGOs activities were helpful to the tribal people.

The Court observed the petitioner was helping villagers in a dispute related to road encroachment due to which students were not able to reach school. The Court also observed the activist had participated in an agitation against the village Sarpanch over her alleged inaction in providing water and electricity to the village.

Thus, the Court set aside the externment order against the 28 year old social activist as his activities were not affecting public order.