Loudspeaker Row: Karnataka Govt Says No Permanent Licenses Granted, High Court Orders Preventive Action Against Religious Places, Pubs

A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi recorded the statement made before it by the government advocates that no permanent licence for use of loudspeaker and PA system is issued. It was also submitted that licence for the use of loudspeaker and PA system and sound producing instrument is issued under rule 5 of Noise pollution rules 2022 read with Karnataka Police Act 1963, section 37.

Following which the court said,

"It clearly means that the loudspeakers and PA system cannot be used during night between 10 pm to 6 am. We have been informed that loudspeakers are being used in various religious places such as Mosques, Temples, including the temple controlled by the Government, Gurdwaras, and such other places as Pubs and Restaurants."

Accordingly it directed, "The concerning authorities are required to take appropriate action and they shall not permit the use of loudspeakers, PA system and other musical instruments producing sounds above the permissible decibels during the night of 10 pm to 6 am."

It added, "The respondents shall carry out a drive to prevent such misuse of loudspeakers and PA systems. The action take report shall be submitted to the court."

Earlier the court had asked the state government to respond on the larger issue of under what provisions licences were granted to play the loudspeakers permanently under the Noise Pollution Rules.

The bench referred to its previous order dated November 16, 2021, wherein it referred to Rule 5(3) of the Noise Pollution rules which restricts the use of loud speakers/ public address system (and sound producing instruments). It authorises the State Government to permit use of loudspeakers and the likes during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.

The matter will be next heard after three weeks.

Case Title: Rakesh P v. State of Karnataka

Case No: Writ Petition No 4574/ 2021