Bombay HC: No relief to DJ, Dolby operators

The court directed the state to file its affidavit on the petition on next hearing.

Mumbai: The Bombay high court has refused to give any relief to DJ and Dolby operators who approached HC to lift ban imposed by the state government to use DJ’s during Ganesh and Navratri festival. It means no DJ’s will be played this year during Ganesh immersion and Navratri festival. The court held that petitioner, Professional Audio and Lighting Association (PALA) failed to demonstrate sound level of DJ’s within the permissible noise level ranging from 50 to 75 decibels during the day and 40 to 70 decibels at night.

A division bench of Justice Shantanu Kemkar and Justice Sarang Kotwal has refused the contention of the petitioner that other musical instruments also violates prescribed noise level given in the Noise Pollution Rules of 2000. So why ban only on DJ’s and Dolby sound systems? The court said that no one should be allowed to cross the permissible noise level.

It also refused the contention that ambient noise levels in many cities have already exceeded the limit and therefore, marginal increase in the permissible noise level in DJ systems should be permitted. The court said considering this contention it can’t give blanket protection to the petitioner.

The court refused the contention of petitioner that according to Article 14 of Indian Constitution every one is equal before law so, petitioners should also be allowed to play DJ’s like any other musical instrument. The court said, “Just because some other persons are violating the noise pollution rules, the petitioners cannot contend that they should also be permitted for the same.”

The court directed the state to file its affidavit on the petition on next hearing.

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