Anurag Mishra vs State Of U.P. And 4 Others
2015 Latest Caselaw 4266 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Chief Justice's Court
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 58620 of 2015
 

 
Petitioner :- Anurag Mishra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Yogesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
 
Hon'ble Yashwant Varma,J.

The petition has been instituted as a public interest litigation to highlight the serious dangers to public safety that are being caused by the use of "Chinese Manjha" as an appendage to kites. The string or Manjha, it is stated, is made of metallic/nylon yarn with an abrasive coat of crushed glass gummed on it which makes it razor sharp. As a result, serious injuries are liable to be caused and are being caused. The petitioner initially relied upon a report published in the daily newspaper 'Hindustan' dated 25 September 2015 which indicated that a death had been caused as a result of an accident due to the kite string. The kite string is also known to cause grievous injuries to birds.

The petitioner has, broadly, sought three reliefs:

(i) A prohibition on the manufacture or sale of the string;

(ii) Designation of areas for the flying of kites which would obviate dangers to public safety; and

(iii) Treatment of persons who are injured.

By the order of this Court dated 14 October 2014, the Collector and District Magistrate was directed to look into the matter and formulate steps to be taken to curb incidents such as those which are highlighted in the petition. In the meantime, a direction was issued to initiate steps to spread awareness among of the inherent danger involved, to prevent the use of Chinese Manjha and to adopt suitable measures to prevent accidents. In response, the Collector and District Magistrate states that the Commissioner, Allahabad Division, in pursuance of a representation which was received by him, directed the District Magistrate by a letter dated 29 September 2015 to take necessary action. After taking a legal opinion from the Joint Director of Prosecution on 9 October 2015, the Additional District Magistrate (City) issued an order on 5 November 2015 under Section 144 of the Code of Criminal Procedure Code, 1973 prohibiting the sale and use of "Chinese Manjha" in the entire city of Allahabad. Moreover, it has been stated that a joint team of executive magistrates and police officers have made surprise raids on various shops where such material is being sold and the material found in such raids has been confiscated. The District Administration, the Court has been informed, is taking all possible steps to prevent the sale and use of "Chinese Manjha" to prevent any such incident in future.

The seriousness of the problem is apparent from the fact that even after passing of the order of this Court dated 14 October 2015, incidents have been reported in the print media about deaths and injuries which have been sustained as a result of contact with the offending Manjha strings. For instance, the learned counsel appearing on behalf of the petitioner has placed on the record a copy of a report dated 20 October 2015 contained in the daily edition of 'Hindustan' which indicates that a man aged about 44 years sustained grievous injuries on the neck near the Iskon Temple as a result of an accident was caused due to injuries sustained from the Manjha string. Similarly, there is a report in the daily newspaper 'Dainik Jagran' dated 15 November 2015 stating that a young child has sustained serious injuries on the nose due to an accident sustained through contact with "Chinese Manjha". Various other news items have been placed for the perusal of the Court. These include a report published in 'Amar Ujala' dated 28 October 2015 in its Allahabad edition. There is also a subsequent report dated 21 October 2015 in the daily 'Hindustan'.

We are conscious of the limitations on the evidentiary value of such newspaper reports. However, having due regard to the element of public interest involved, we are of the view that the matter is serious enough to warrant appropriate action by the District Administration as we shall now indicate, at a wider state level, since the problem may not be only confined to the city of Allahabad. The affidavit which has been relied upon by the District Administration contains a complaint which was submitted to the Commissioner, Allahabad Division. The complaint contains a summary of other incidents which have taken place in the past involving deaths of human beings and grievous injuries to birds as well. The representation indicates that in the preparation of the "Chinese Manjha", the use of iron and glass pieces is resorted to on plastic (instead of the use of conventional thread) which renders the Manjha extremely potent and capable of causing serious injuries.

In our view, the issue must be tackled not only by making sporadic raids, as has been done by the District Administration but first and and foremost, steps must be taken by the authorities to ensure that there is a complete prohibition on the manufacture of "Chinese Manjha" at a statewide level. Where any such activities are found to be carried out illegally, necessary enforcement action should be taken in respect of such establishments and for seizing all material. Secondly, a sustained awareness and publicity campaign should be carried out so as to ensure that members of the public, particularly the younger generation which indulges in the sport of flying kites particularly in and around the 'Makar Sankranti' festival is made conscious of the dangers involved. This should be ensured by carrying out a sustained publicity campaign, in the print and electronic media and by utilizing the social media to propagate public service messages.

The petitioner prays that wherever possible, it would be appropriate to designate specified places for flying kites so as to reduce the possibility of the danger involved. We are conscious of the fact that the sport of flying kites takes place across localities and even on the terraces of residential houses and there may be limitations on the power of the District administration to enforce such a regulation as sought, however desirable. The District administration may look into this aspect about designating one or more places during the Sankranti festival. We leave this to the District Magistrate to decide. Hence, we are of the view that basically the issue which needs to be addressed is in regard to prohibiting the manufacture, sale and use of material which is liable to pose a danger to human health and to birds and animals by the use of the "Chinese Manjha".

We clarify that by this order we are not imposing any ban on the flying of kites but are issuing necessary directions so that such material which causes grave danger to human beings, animals and birds as the petitioner has highlighted is not used. The danger and problem is not confined to Allahabad. Apart from the district of Allahabad, if the Principal Secretary (Home) shall issue a communication to the Collectors of each district containing directions in implementation of this order. The directions contained in this order are not intended to be an exhaustive catalogue. The State Government shall adopt all appropriate steps for enforcement in accordance with law, including necessary steps to prohibit manufacture, use and sale of "Chinese Manjha" in any form whatsoever.

The petition is, accordingly, disposed of. There shall be no order as to costs.

Order Date :- 19.11.2015

VMA

(Dr. D.Y. Chandrachud, C.J.)

(Yashwant Varma, J.)