A magisterial court in Kolhapur has delivered a strict verdict in a long-pending noise pollution case, convicting and sentencing four office-bearers of a Ganesh mandal to one year of simple imprisonment. The case pertained to the use of a high-decibel sound system during an early morning immersion procession back in 2016.
Court Rejects Leniency, Stresses Public Interest
On January 2, Judicial Magistrate First Class (JMFC) Pankaj B Rajput convicted the then president, vice-president, secretary, and cashier of the Ganesh Tarun Mandal in Rajarampuri, Kolhapur. The court dismissed their plea for probation under the Probation of Offenders Act, 1958, emphasizing the seriousness of the offence.
The magistrate observed that the larger public interest and the need for deterrence in noise violation cases outweighed the individual circumstances of the accused. The order stated that noise pollution is a major public concern and such offences require a strict approach rather than reformative leniency.
The 2016 Violation: Facts of the Case
As presented by prosecutor K B Kamble, the four accused operated a sound amplifier system at an excessively high volume during the Ganesh immersion procession on September 16, 2016. The violation occurred at approximately 5:11 a.m. near the Binkhambi Ganesh Mandir in Kolhapur.
Official measurements recorded the sound level at a maximum of 116.4 decibels (dBA) in a residential area. This was a blatant contravention of the Noise Pollution (Regulation and Control) Rules, 2000, as the permissible limit during night-time (10 p.m. to 6 a.m.) is only 45 dB. The act constituted an offence under the Environment (Protection) Act, 1986.
The court held that the act was not a mere technical lapse but a deliberate action done with knowledge of its consequences, affecting the public at large. The prosecution proved the case beyond reasonable doubt using witness testimony and documentary evidence.
Sentencing and Future Legal Steps
While the charges could have attracted a maximum punishment of five years imprisonment and a fine of Rs 1 lakh, the court showed some leniency as the convicts had no prior criminal record. They were sentenced to one year of simple imprisonment.
The court allowed the convicts to seek immediate bail to enable them to file an appeal in a higher court. Their lawyer, V S Banne, confirmed that they executed bail bonds of Rs 15,000 each on the same day and would challenge the ruling.
It was noted that the owner of the sound system and the tractor on which it was mounted were also booked, and their trial is proceeding separately. The magistrate also relied on a Supreme Court ruling that evidence from police witnesses cannot be discarded merely because they are part of the force.
