Bombay High Court to police: seize DJ systems, dont just issue paper orders

The Nagpur bench of the Bombay High Court has taken a strong stand on illegal, ear-splitting DJ and sound systems played during the festival season, saying that merely issuing a prohibitory order or notification will not solve the problem of noise pollution. A bench of Justices Urmila Joshi-Phalke and Raj Wakode has directed police to move into the field, seize equipment directly and take strict action. The court also indicated that cases could be registered not only against DJ operators who break the rules but also against festival organisers.

During the hearing, the police administration filed an affidavit in court stating that a notification had been issued on September 2 under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under this, in view of the upcoming Dahi Handi, Pola, Ganeshotsav, Durga Puja, Tajuddin Baba Urus and Dhammachakra Pravartan Din festivals, there will be a complete ban on the use of all kinds of DJs, multi-speakers, plasma sound systems and vehicles modified for sound from midnight of September 3 to midnight of November 1. All DJ owners have been directed to keep their equipment locked up.

The court also said during the hearing that paper exercises must stop. It stated in clear terms that the police administration cannot escape its responsibility merely by issuing orders and notices on paper. The court held that seizing DJ operators' vehicles and heavy sound systems is necessary to stop them from breaking the rules. It directed that the police commissioner and deputy commissioner personally look into the matter and go to the spot themselves to carry out seizures and punitive action.

In this matter, Mandlekar presented video recordings of a procession taken out during the Pola festival in court. The video made clear that despite a prohibitory order having been issued by police, all limits on noise intensity were flouted. The court examined this footage and the decibel levels of the noise, which showed that the sound level was several times higher than the limit fixed by law. In view of this, the court has directed the state government to strictly enforce the rules in every district of Vidarbha during the period from September 11 to November 1.