Only an officer 'not below the rank of deputy superintendent of police' can grant the permission, a division bench of justice AM Khanwilkar and justice SS Shinde said.
A mere inspector in charge of a local police station cannot give the permission for use of loudspeakers/public address system, the Bombay high court has held in an important ruling.
Only an officer 'not below the rank of deputy superintendent of police' can grant the permission, a division bench of justices AM Khanwilkar and SS Shinde said.
The high court was hearing a petition filed by the Aurangabad-based Anand Salvi, who had sought a ban on the use of loudspeakers during 'Aurangabad Premier League', a cricket tournament, at ADCC Stadium in the city.
Salvi had pointed out that the event, which took place between March 3 and March 11, coincided with the Std X and XII board examinations.
After the organisers promised to abide by noise pollution rules, the court had allowed the event to proceed and kept the petition pending.
But in the judgment delivered last week, the court observed that the organisers had obtained permission to use loudspeakers from the local Mukundwadi police station.
Under the Noise Pollution (Regulation And Control) Rules, 2000, the authority which can give such a permission includes "a district magistrate, police commissioner, or any other officer not below the rank of deputy superintendent of police", the judges noted.
Further, the court observed that police should have taken into account the fact that the tournament coincided with the board exams.
"It appears that such events are organised by local politicians with the sole intention of networking with the masses... In the name of promoting sports, such events are being organised to consolidate one's political position," the judges said.
"The officials of the police department as well as of the pollution control board have, therefore, failed to discharge their obligations," the court added.
Here onwards, the state must take steps to see to it that the noise rules are implemented correctly, the court said.
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