MNS receives contempt notice

The Bombay high court on Friday issued a contempt notice against Maharashtra Navnirman Sena (MNS) leader Nitin Sardesai, who had sought permission for using loudspeakers at a rally in Shivaji Park which was addressed by Raj Thackeray. It also asked the government of Maharashtra and Brihanmumbai Municipal Corporation (BMC) to take action against the organisers of the rally as noise pollution rules were violated.

According to the division bench headed by Justice Abhay S. Oka, prima facie the rules of noise pollution were violated deliberately and wilfully and hence, action should be taken against them in accordance with law.

On April 6, the high court had granted permission to MNS to hold a rally at Dadar’s Shivaji Park, a silence zone. The court while granting permission had also warned the party to abide by the rules of Noise Pollution Act. The HC had also asked the state government to monitor the noise levels during the MNS rally and file a report.

As per orders of the court, the government pleader Purnima Kantharia submitted the report before the bench on Friday and said that the assurance given by MNS to adhere to the noise level rules had been violated. After perusing the report, the high court found that there was gross breach of rules and described it as “a deliberate act.” The bench observed that despite warnings, the party violated the rules.

The court observed that the noise level in morning hours was 88 decibels while in the evening it rose to 114 decibels. Mr Oka said, “The high noise levels during evening hours could have been avoided if the musical instruments were not played.” The bench said that when it had passed orders on April 6, it had asked the party to maintain the permissible noise levels and the court had assumed that its orders would be complied with. “Now, prima facie, we find that there is a gross breach of rules with a deliberate intention.”

The MNS, however, argued that the noise levels at any given point of time at Shivaji Park are high and that it had no control over the same. Lawyer V.A. Thorat said MNS had not received the report of the state government and sought time to file a response. Advocate Kantharia then handed over a copy of the report to Mr Thorat and then the court deferred the matter to June 24.