Bombay High Court’s order would impact the 5-day Ganpati visarjan even as petitioners rue ‘arbitrary’ govt action
The Bombay High Court has refused to allow the use of DJs and Dolby sound systems during Ganpati visarjan in the city, and has said it would hear the matter again on 19 September. By then, however, the five-day visarjan would already be over.
A division bench of Justice Shantanu Kemkar and Justice Sarang Kotwal, while agreeing with the state government that it was justified in banning DJs, said, "We cannot be mute to the ground realities. The state does not have the optimum resources to keep a check, and may have thus adopted this method of prohibition to check on noise pollution."
Government pleader Abhinandan Vagyani sought more time, saying data has been sought from all districts of the state to identify the ill effects of high decibel noise created by DJs and Dolby sound systems. He even recalled an incident from Kolhapur, where a building wall collapsed a few years ago due to the noise being created by the Dolby sound system being used during a procession.
The bench, agreeing with the state government's stance, said it cannot grant the petitioners any relief yet. The Professional Audio and Lighting Association (PALA), a body representing 1,400 DJs and sound and lighting systems suppliers, approached the court challenging the blanket ban.
Advocate SB Talekar, appearing for the petitioners, argued that the government hadn't cited any reason to justify its ban. "The government has been sealing premises of licence holders before Visarjan, which is completely illegal and arbitrary," Talekar said.
"The government has the powers to impose any kind of restriction to maintain law and order situations," Vagyani responded.
To the latter argument, the court said, "It is not simply a matter of people's livelihoods. It also involves a larger issue. Festivals will come and go; if not Ganeshotsav, there will be Navratri. If allowed, you can perform," he said.
The plea said there is no prohibition or ban on use of sound system at public places, and said police officers are misusing their powers by falsely stating that the court has permitted them to completely ban the usage of sound system.
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