FIRs Lodged Against Illegal Loudspeakers, Using Social Media To Publicize Ads Addressing Noise Pollution: Maharashtra DGP To Bombay HC

The contempt petition stemmed from non-compliance with the High Court's order in relation to a PIL concerning noise pollution during religious functions and festivals. On 16 August 2016, the Court had issued a slew of directions to the State government for the effective implementation of the Noise Pollution (Regulation and Control) Rules 2000.

In January 2024, while hearing the present petition, the Court had directed the State government to disclose the steps taken by them for complying with the directions issued by it in the PIL.

During the hearing on Tuesday (April 22), the State counsel told a division bench of Chief Justice Alok Aradhe and Justice MS Karnik that affidavits have been filed by the DGP and Principal Secretary of the Home Department.

In her affidavit, the DGP stated that the police authorities have complied with the court's directions.

The DGP submitted that 343 loudspeakers have been removed, 831 loudspeakers were given permission and Section 149 CrPC notices were issued to the remaining. It is submitted that FIRs have been registered in respect of 19 illegal loudspeakers. It is stated that Navi Mumbai Police Commissioner's office reported no illegal loudspeakers in their jurisdiction.

The affidavit states that the DGP issued a Circular dated 20.09.2016, communicating to all the Police units across the State about the directions passed by the High Court and asking them to comply with the same. Further, the DGP issued a Circular dated 10.11.2016 directing all the Police units across the State to publicize the issue of noise pollution by advertising the same in print media, cable network and social media.

The affidavit further stated that all Police units have organized different programs at various public places such as schools, colleges, societies and religious places for spreading information about noise pollution, its effects on the general public and penalties.

It is stated that police stations have been conducting Mohalla meetings to apprise the citizens about the provisions of law and the consequences of breach of the provisions of law pertaining to noise pollution as per the court's order.

On grievance redressal, the affidavit states that the police authorities receive complaints of noise pollution on emails, websites, designated mobile numbers, designated WhatsApp numbers, online portals, twitter handles etc. It is stated that a register is maintained by the police units for registering complaints of noise pollution.

As per the court's directions, 1853 noise meters were directed to be provided to the police authorities to measure noise levels. The affidavit states that some meters provided to the police units in 2016 are non-functional. It is stated that the DGP will send a proposal to the Home Department for procuring more meters.

Furthermore, the Principal Secretary, Home Department, also filed an affidavit stating that the DGP has taken steps to comply the court's order and that appropriate action will be taken in a continuous manner on the issue.

Case title: Santosh Shrikrishna Pachalag vs. Mr. K. P. Bakshi, Additional Chief Secretary & Ors. (CP/390/2018)