Use of loudspeakers: HC threatens to hold DCP in contempt if police don’t act against Kandivali mosque

Bombay HC warns DCP, Zone XII of initiating contempt proceedings if police fail to act against mosque in Kandivali violating noise pollution norms.

The Bombay high court on Wednesday warned the deputy commissioner of police (DCP), zone XII, of initiating contempt proceedings against him if the police failed to comply with a court order that bans use of loudspeakers in silent zones and to act against a mosque in Kandivali for violating the noise pollution norms.

HT Image

A division bench of justice Revati Mohite Dere and justice Sharmila Deshmukh was hearing a petition filed by advocate Reena Richards, a resident of Thakur Village in Kandivali East. The plea claimed that though the mosque was in a silent zone it was using loudspeakers in the early hours for the call to prayers.

The petitioner told the bench that after she had lodged a complaint against the violation in 2017, and after an HC bench had passed on order in this regard that year, the police put a stop to it. However, the mosque resumed using loudspeakers in 2022 and though she again complained to the police station concerned, there was no action, Richards said in her plea.

The HC had on Tuesday sought the presence of the DCP, Ajay Bansal.

On Wednesday, Bansal, who holds the additional charge of zone XII, told the bench that after the petitioner had complained about the noise pollution, he had taken suo motu cognisance of the matter.

Additional public prosecutor Prajakta Shinde, however, said the area was not a notified silent zone, and the police were taking steps to address the issue.

To this, the bench said since there was a hospital within the prescribed limit of 100 metres, authorities were bound to follow the HC directions issued in 2017. “You will have to comply with the judgement of this court. It will have to be strictly followed and if you do not act, we will issue contempt proceedings against you,” justice Dere said.

The HC also asked the police to file an affidavit, by June 9, in response to the petition. Hearing on the plea will continue on June 13.

The 2017 order had said that the police would have to act immediately against those creating noise pollution in silent zones. The court had also prohibited the use of loudspeakers within a 100-metre radius of hospitals, educational institutions and courts.