Nagpur High Court Criticizes Police Over Ineffective Noise Pollution Enforcement
The Nagpur bench of the Bombay High Court delivered a stern rebuke to the city's police commissioner on Wednesday for failing to properly implement court orders aimed at controlling noise pollution. During a hearing, the bench issued a clear warning, stating orally that if the police cannot effectively enforce the directives, the responsibility may be transferred to another agency or reported to senior officials like the Director General of Police.
Court Expresses Dissatisfaction with Compliance
Hearing a batch of Public Interest Litigations, including one filed by Bhupendrakumar Wasnik, a division bench comprising Justices Anil Pansare and Mukulika Jawalkar expressed significant dissatisfaction with the compliance of earlier court orders. These directives were specifically designed to regulate high-decibel sound systems at various event venues across Nagpur.
The court had previously mandated strict control over loud music throughout the city. In response, police authorities informed the bench that notices had been issued and criminal cases registered against violators. However, the bench raised serious questions about the legal foundation of these actions.
Legal Basis of Enforcement Actions Questioned
The judges pointed out that offences were being booked under provisions of the Indian Penal Code rather than the updated Bharatiya Nyaya Sanhita. This raised concerns about whether such cases would withstand judicial scrutiny. The bench directed the police to submit a detailed explanation regarding their legal approach and emphasized that merely issuing notices without sustained follow-up actions does not effectively address the persistent problem of noise pollution.
The court further criticized the municipal commissioner and district collector for failing to provide essential data on the number of event venues and those authorized to use sound systems, despite clear earlier directions to do so.
Scale of the Problem Highlighted
To illustrate the magnitude of the issue, the court highlighted a specific example from Civil Lines, an area housing senior officials. Out of 13 venues in this locality, only three possessed the required permissions for sound systems. The bench remarked pointedly, "If even senior officers are exposed to such noise levels, what about ordinary citizens?" This observation underscored the widespread nature of the problem affecting all residents.
Directive for Online Complaint Portal
In a significant move to enhance public participation and transparency, the Bombay High Court directed authorities to establish an online portal for citizens to lodge complaints regarding noise and air pollution. This platform must enable users to submit evidence, including photographs, and ensure transparent tracking of both complaints and the subsequent actions taken by authorities.
The matter has been scheduled for further hearing on April 2, where authorities will be expected to demonstrate progress in implementing these directives and addressing the court's concerns over noise pollution enforcement in Nagpur.
