22 Oct 2022 5:16 AM GMT
The Rajasthan High Court recently stayed an order issued by the Superintendent of Police, District Pali to the district police officials to seize vehicles carrying the Disk Jockey system if the same are used during the upcoming religious festivals in the district.In a prima facie observation, the Bench of Justice Dinesh Mehta also remarked that neither the Rajasthan Noises Control Act, 1963...
The Rajasthan High Court recently stayed an order issued by the Superintendent of Police, District Pali to the district police officials to seize vehicles carrying the Disk Jockey system if the same are used during the upcoming religious festivals in the district.
In a prima facie observation, the Bench of Justice Dinesh Mehta also remarked that neither the Rajasthan Noises Control Act, 1963 nor the Noise Pollution (Regulation and Control) Rules, 2000 empower a Superintendent of Police to issue such dictates.
"In an appropriate case, only a Magistrate can issue orders imposing a ban on the use of loudspeakers. That apart, the direction to seize the vehicle is alien to the law on the subject," the Court further added.
In view of this, the Court, while staying the operation of the order, called upon the State Government to file its reply in the matter in four weeks.
On the other hand, in a preliminary submission made before the Court, the state government contended that the order in question had been issued on account of the fact that due to the use of loudspeakers and amplifiers, peace and harmony in the area get disturbed, and therefore, the order had been issued by the Sub-Inspector on the oral direction issued by the Superintendant of Police, Pali
The case in brief
The Police Control Room, Pali has passed the order in question to seize every Disc Jockey if they are used during the festival. It was further directed to the Station House Officer of all the Police Stations of the District Pali to seize all kinds of vehicles that are carrying the DJ system and which restrict the use of the DJ during the festivals.
Being aggrieved and dissatisfied with the order, the Petitioner-society (Hindu Mahotsav Samiti Raghunatji Ka Mandir) moved the High Court seeking the quashing of the order in question, on the ground that the same is absolutely illegal, arbitrary, and against the principle of natural justice.
It was submitted that the order has been passed for the purpose to satisfy the appeasement policy of the State because the upcoming festivals only belong to the Sanatan Hindu Communities and the Government and Administration is wanting to restrict the celebration of the festivals in the garb of raising public order concerns.
The petitioner also submitted that DJs which are in operation with the permission of the Motor Vehicle Authority, as well as the Pollution Authority, cannot be restricted, however, by way of the impugned order, the use of every kind of equipment has been restricted.
"...the festivals are the culture of the nation and the celebrations of such festivals cannot be restricted in an arbitrary manner whereas the thousands of the mosques are using the loudspeakers in a daily manner with a maximum decibel, but unfortunately, no order has passed by the Administration despite the direction of Hon'ble Supreme Court," the petitioner further reads.