27 December,2023 05:09 AM IST | Mumbai | Shirish Vaktania
Kids flying kites at Kherwadi along the Western Express Highway
The Mumbai police have started taking action against people flying kites irresponsibly near the WEH and other parts of the city. The Kherwadi police also registered an FIR for flying kites using nylon manja and Chinese manja which are banned in India. Police sources told mid-day that a top cop gave orders to police stations across the city to take action against people flying kites irresponsibly, especially near the Eastern and Western Express Highways. Police action was initiated after the death of constable Sameer Jadhav, 36, who died after a kite manja slit his throat on the Vakola bridge on Sunday.
The Kherwadi police have registered an FIR against Manoj Katkar, 39, and his brother Mahesh, 43, who are residents of Jawahar Nagar at Khar East for using nylon manja and flying kites at Kherwadi junction on the Western Express Highway on December 25. They both were released with notice. The police also seized a spool (firki) with nylon manja from the duo. They have been booked under Section 336 of the Indian Penal Code and Sections 113 and 117 of the Maharashtra Police Act, based on the complaint filed by police constable Pankaj Pardeshi.
People held by the police at Kherwadi police station
A source from Kherwadi police station said, "We have caught around 20-30 people flying kites near the Western Express Highway, where it is prohibited to fly kites. Flying kites near the highway is dangerous for the bikers and it may kill someone. We are removing all kids found flying kites and taking action against adults, fining them Rs 1,200 as per Section 113 of the Maharastra Police Act."
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According to the source, the police also seized the manja spool that was found near Jadhav at Vakola. "We are also trying to trace the person flying the kite but are having difficulties. We are awaiting the report to ascertain what type of manja killed Jadhav⦠whether it was Chinese or made of nylon. The Kherwadi police have fined more than 15 people for flying kites dangerously and irresponsibly on the Western Express Highway in the Khar area," the source told mid-day.
The Mumbai police registered seven cases for using Chinese manja across the city. The Kherwadi police and Malwani police registered an FIR under IPC and another five cases were registered under the Mumbai Police Local Act.
Eight-year-old Dishant Tiwari from Kandivali West, a Std. 2 student of Vibgyor School in Malad, died after a kite manja slit his neck. Dishant was travelling with his parents and enjoying the view from the car sunroof while going to the family farmhouse at Manor when the incident took place.
Jasbir Singh Batra, 51, was seriously injured after a kite manja got wrapped around his neck at Santacruz. On his way to the domestic airport when the incident occurred, Batra injured his nose and hand.
Assistant Police Inspector Rakesh Gawali, currently attached to Kalachowki police station, was seriously injured and received 10 stitches after a kite manja got wrapped around his neck on the J J flyover.
While trying to catch the kite, Durvesh Jadhav, 10, from Kandivli fell into a large pit filled with cow dung and water.
Gitesh Patare, 29, an engineer, died while dodging a kite manja flying in front of him while he was riding his bike in the Vile Parle area on the Western Express Highway. His bike was hit by a car and he died on the spot. "An order by the National Green Tribunal prohibits not just the manufacture, import, storage and sale, but also the purchase and use of nylon or synthetic string (manja), or material coated with crushed glass, or any substance that is non-biodegradable. Only strings made of cotton, without any coating, are permitted.
Under Section 223 of Bhartiya Nyay Sanhita, 2023, (188 IPC) violation is punishable with imprisonment of either description for a term which may extend to one year, or with a fine which may extend to Rs 5,000, or both. Under Section 15 of the Environment (Protection) Act, infringement can attract imprisonment up to five years or a fine of R1 lakh, or both," said Vishhal Saxxenaa, advocate, Supreme Court of India. He added that as per Section 106 (1) of Bhartiya Nyay Sanhita, 2023 (304A IPC), the accused shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Section 113
No person shall fly a kite so as to cause danger, injury or alarm to persons or property. Police can collect a fine of up to Rs 1,200
Section 117
Any person who contravenes any of the provisions of Sections 99 to 116 (both inclusive) shall, on conviction, be punished with a fine which may extend to Rs 1,200
Rs 1 lakh
Fine amount chargeable under Environment (Protection) Act