The Bombay High Court on Friday upheld the ban on the use of DJs and Dolby sound systems during Ganapati visarjan and Navaratri.
A Division Bench of Justices Shantanu Kemkar and S.V. Kotwal was hearing a petition filed by Professional Audio and Lighting Association, which has 1,400 members who are owners of sound and light rental agencies, and employees who are associated with sound systems.
They have challenged a circular issued by the Home Ministry and the directions issued by the police, which state that DJ is a source of sound pollution. The police have refused to issue licence on the ground that it is prohibited on the orders of the Bombay High Court and the Supreme Court.
Advocate Satish Talekar, appearing for the petitioner, argued that before issuing the directions, no study was carried out by the State, and its action is arbitrary. He said there is no legal basis for this.
Advocate General Ashutosh Kumbhakoni defended the ban, and said even if a DJ system is kept at the minimum, the sound is much higher than the permissible limits. He said even if offences are registered against the persons using it, it serves no purpose and the real culprits sponsoring such instruments are hard to trace.
The court said, “Just because some other persons are violating the rules by creating noise pollution, the petitioners cannot contend that they may be permitted to violate the rules.”
The court rejected the plea, and said, “The petitioners have challenged the condition of banning DJ/Dolby systems, but have miserably failed to produce on record the specifications of DJ/Dolby systems from the manufacturers to demonstrate that the systems can be operated within the permissible limits.” The order also read, “There can be no dispute that noise created by a music system/instrument cannot be allowed to cross the permissible level so as to violate the provisions of the noise pollution rules and the aforesaid directions.”
