Gujarat High Court Warns Of Contempt Action Against Police Officers, State Authorities For Not Implementing 10 PM–6 AM Loudspeaker Ban

The Gujarat High Court has warned that if the police officers, State authorities fail to comply with Supreme Court directions and state government's own notifications on curbing noise pollution by not taking action against violators using sound systems between 10pm to 6 am then the officials will subject to contempt proceedings. The court was hearing a contempt petition filed in a 2022 of PIL pertaining to the issue, which claims that despite directions issued by coordinate bench in its March 4, 2024 order in the PIL, the directions issued by the Supreme Court in Noise Pollution (V) in Re Vs. Union of India and another (2005) as well as a December 3, 2019 notification read with relevant rules, the respondent authorities are not implementing the same.A division bench of Justice Bhargav D Karia and Justice LS Pirzada in its order said:"We make it clear that if such directions issued by the Hon'ble Apex Court and the Notifications dated 21.03.2024, 04.05.2024 and 16.06.2025 are not complied with by the Police Officers and other authorities by not taking action against the persons committing the violation of such directions and notifications and for not confiscating the Sound Systems used in violation of such notifications either in night hours from 10:00 PM to 06:00 AM or in D.J. Trucks, shall be liable for proceedings under the provisions of the Contempt of Courts Act, 1971". The bench in its order noted that it was "very painful to note" that despite 20 years since the Supreme Court issued guidelines and directions on curbing noise pollution (Noise Pollution (V) in Re Vs. Union of India and another), the issue was subsisting in Gujarat. The bench noted that a coordinate bench in its 2025 order had also considered judgment in Priya Gupta and Another v. Additional Secretary, Ministry of Health and Family Welfare and Others (2013) where the Supreme Court has categorically observed that "no Court or Tribunal or any authority can ignore the law declared by the Supreme Court under Article 141 of the Constitution of India.The bench noted the coordinate bench's order which states, "This Court cannot remain a mute spectator to the complete defiance of the directions and watch the vulnerable class of citizens suffer. Before the Division Bench, in writ PIL, the statements of the learned AGPs in the order dated 04.05.2024 promising for strict compliance of the Notification dated 03.12.2019 and steps taken by the Gujarat Pollution Control Board. Before us also, the respondents have filed an affidavit that the orders and directions issued by this Court from time to time are required to be followed and complied with by the authorities. We appreciate the steps taken by the respondent authorities in further publishing the SOP and issuance of the circular dated 16.06.2025. However, the only concern is with regard to its effective implementation of the direction issued by the Supreme Court..."Meanwhile the Gujarat Pollution Control Board placed on record Notifications dated 21.03.2024, 04.05.2024 and 16.06.2025 issued by the State's Home Department, prescribing an SOP and instructions to the authorities, which includes the District Magistrate, Police Commissioner, or any other officer not below rank of Deputy Commissioner, as per Rule 2(c) of the Noise Pollution (Regulation and Control) Rules 2000. Further, Rule 2 (j) defines “night time” which means “the period between 10 p.m. and 6 a.m.” The Notifications also stipulate that the erring officers of the Police Department would be personally responsible for not following the Notification dated 03.12.2019 issued by the GPCB.The notifications further stipulates that the In-charge of PCR and In-charge of police team or authority shall be held directly responsible for not taking action for Noise Pollution during the night hours i.e. from 10:00 PM to 06:00 AM. The notification also provides for fixing the direct responsibility for not taking any action against the owner/operator of the Loudspeaker or for not confiscating such Sound System which is used in violation of the directions of the Supreme Court as well as the Rules. Notification dated 16.06.2025 also provides for taking immediate actions for violation of the Noise Pollution Rules by the Loud Speaker or any type of Sound System placed on the D.J. Truck and to confiscate such Sound System in case of violation. At this stage the Additional Advocate General Manisha Shah, appearing for the respondents submitted that a detailed report shall be filed before the next date of hearing regarding the steps taken by the respondents to comply with the directions of the Supreme Court as well as the notifications. Further the Home Secretary and Chairman of GPCB who were present virtually assured the Court that there shall be strict compliance of the directions . The court thus sought for a detailed report by the State authorities and listed the matter on June 18. Case title: AMIT...

Gujarat High Court Warns Of Contempt Action Against Police Officers, State Authorities For Not Implementing 10 PM–6 AM Loudspeaker Ban

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