Directing the government to explain how a police inspector can issue licence for use of loudspeakers, the High Court on Friday directed Karnataka State Pollution Control Board (KSPCB) to randomly record the noise levels around a mosque in the city, as per the provisions of the Noise Pollution (Regulation and Control) Rules, 2000.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar issued the direction on a PIL petition filed by Sumangala A. Swamy, an advocate who complained about noise pollution owing to the use of loudspeaker by Ayyesha Masjid in Govindarajanagar. After the counsel for the mosque produced a copy of the licence issued by the inspector of police of Vijayanagar station, the Bench pointed out that the licence ex-facie appeared to be not in order as power to issue licence under the noise pollution rules is given only to police officers not below the rank of Deputy Superintendent of Police.
The Bench also directed KSPCB to explain its “strange stand” of expressing helplessness in initiating action as per the law against the mosque. When KPSCB officers are empowered by law to lodge complaints on violations of the provisions, how can an officer say the police will have to take action against the mosque, the Bench asked.
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Also noting that licence did not specify a duration or period for use of loudspeakers, the Bench directed the government to explain how a perpetual licence was issued to the mosque.