The Maharashtra Police has informed the Bombay High Court that of the 2,812 illegal loudspeakers installed at various religious and other institutions in the state, 343 have been removed and 831 were given permission, which do not fall under the ‘illegal loudspeakers’ category anymore.
On Tuesday, a division bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik was informed that Director General of Police (DGP) Rashmi Shukla had last month filed an affidavit in reply to the contempt petition filed by one Santosh Pachlag that alleged non-compliance of its directives in 2016 against “illegal” installation of loudspeakers at religious places.
In August 2016, a bench headed by Justice Abhay S Oka in its verdict on a batch of pleas, including that of Pachlag against illegal loudspeakers at certain mosques in Navi Mumbai, had observed that no religion could claim a fundamental right under Article 25 (Right to freedom of conscience and free profession, practice and propagation of religion) of the Constitution to use loudspeakers or public address systems.
It had issued 32 directives to enforce the Noise Pollution Rules, 2000. The court stated that all religious places must strictly comply and obtain permission under Rule 5(1) to use such equipment.
Pachlag in 2018 filed a contempt petition, in which, based on an RTI reply, he claimed 2,940 religious institutions including temples, mosques and dargahs, churches, gurudwaras and Buddha Viharas had illegally installed loudspeakers, causing disturbance and annoyance to people at large due to ‘heavy noise pollution’.
The HC in January this year had sought details from the government and police on action taken with respect to 2,940 illegal loudspeakers as admitted in response to RTI reply by the petitioner.
DGP Shukla, in her affidavit filed on March 24, which was made available on Tuesday, submitted that out of 2,940 illegal loudspeakers mentioned by the petitioner, as per records made available, total illegal speakers were only 2,812 as the Navi Mumbai Police had reported that there were no illegal loudspeakers under their area.
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The affidavit further said that besides removal of 343 loudspeakers and 831 being given permission, notices under Section 149 (police to prevent cognizable offences) of Criminal Procedure Code (CrPC) were issued against those who had installed 767 such loudspeakers.
Moreover, in 5 cases, reports were submitted to the Maharashtra Pollution Control Board (MPCB) for taking action against such loudspeakers and FIRs were registered with respect to 19 loudspeakers.
The affidavit further stated that of 1,038 religious places under the area under Greater Mumbai Police, notices were issued to 343, permissions were granted to 309 and unlicensed loudspeakers were removed at 43 such places. In Pune, notices were issued to 273 institutions, 13 were given permissions and unlicensed loudspeakers at 5 places were removed.
Moreover, in Hingoli, of 302 religious places, 62 were granted permission and illegal loudspeakers at 162 places were removed. In Dharashiv, unlicensed loudspeakers at 50 out of 74 religious places were removed.
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The affidavit added that in Mumbai, 1,12,964 complaints for noise pollution were received between 2019 and 2024 and action had been taken in 639 of them under Section 131 of the Maharashtra Police Act.
“The review of the latest reports called from the various police units disclose that though action has been taken, further action is necessary,” the affidavit said, adding that the DGP’s office at regular intervals will follow up with all police units for prompt action to comply with HC directions.
The HC granted petitioner time to file rejoinder to state and DGP’s reply and posted matter after two weeks.