The Bombay High Court on Wednesday questioned the Maharashtra government under what provision it has imposed a ban on the use of sound systems and disco jockey (DJ) systems.
A division bench of Chief Justice Dipankar Datta and Justice MS Karnik asked the government while hearing a petition filed by Professional Audio and Lighting Association, the owners of sound and light rental companies, in 2017.
The petition sought a declaration that there is no prohibition/ban on the use of sound system/DJ systems in Maharashtra.
CJ Datta asked: “How can you impose a total ban?”
Earlier, on Tuesday, the court had asked why the matter should not be heard by the National Green Tribunal.
Government pleader Akshay Shinde informed the HC the Standard Operating Procedure (SOP) was issued by the police authorities under rule 5 (restrictions on the use of loud speakers/public address system) of the Noise Pollution Rules, 2000 and in compliance of August 2016 judgement of HC regarding noise pollution.
In September 2018, the HC declined interim relief to the petitioners and kept the petition for a final hearing, said Shinde.
The court then questioned how a total ban could be imposed instead of first verifying an individual complaint and acting on it. The judges then said that because of the “drastic” condition in the SOP, they would hear the petition.
The court also asked the government to inform on its “source of power” for imposing such a ban. CJ Datta asked: “How can you go beyond Noise Pollution Rules?”
The HC has kept the petition for hearing on August 2.
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