BENGALURU: Noting that cables dangling over footpaths and public streets pose a danger to citizens, the Karnataka High Court on Wednesday said it is the obligation of the BBMP to set criminal law in motion under the Cable Television Networks (Regulation) Act, 1995.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum passed the order after hearing a PIL filed by advocate N P Amrutesh, seeking directions to take action against cable operators and internet service providers responsible for the cables.
The court said that cable operators are entitled to provide cable services under the Act, and they can do so based on permission granted by the BBMP. Without seeking permission, operators are not empowered to lay cables on public streets.
Under the Act, the BBMP is empowered to direct cable operators to remove, shift or alter the position of cables even after the work has been carried out after obtaining permission from the BBMP. Thus, it follows that if cables are found dangling on public streets or footpaths, without permission of BBMP, apart from setting criminal law in motion under the Act, the civic body can always pull them down, the HC noted.
The court directed the BBMP to take a clear stand on this aspect and take action after going through the photographs annexed to the petition to show how dangling cables are dangerous for pedestrians using footpaths and public streets. While dealing with issues of public streets in Bengaluru, the court held that having public streets and footpaths in reasonable condition is a fundamental right.
Taking note of Bescom’s submission that all the electric supply cables will be laid underground in a phased manner and proceedings of the meeting of all stakeholders submitted by the BBMP in response to the order passed during the previous hearing, the court directed both Bescom and BBMP to file statement of objections by March 17, 2021.