PANJIM: In the significant Arnold D’Sa Vs Mamu Hage (North Goa Collector) which encompassed both a PIL and contempt petition, in May 2023, the High Court pulled no punches and clearly told the Goa Police that it was deliberately looking the other way as noise control rules were openly footed. It called upon the DGP to urgently rectify this. With a series of trance parties held during the Ganesh festival and with more scheduled over the coming weekend, it is clear that the High Court’s observations have had no effect on the Goa Police.
These are telling observations from the Arnold D’Sa vs Mamu Hage order which merit replaying and detailed publication in the context of a repeated tsunami of rave and trance parties.
Delivering its order on the PIL against noise pollution and on the subsequent contempt petition, the HC bench said that it is “upto DGP to consider whether usual excuses, denials an lip service by police officers should be accepted or not.”
It further stated: “If the DGP is indeed serious about the statements made by him in the affidavit before us that all steps would be taken to ensure that this menace of noise pollution beyond 10 pm is curbed, then, possibly, this is one occasion to make good this statement.”
Indicting the DGP clearly the order mentioned: “It is for the DGP to consider whether the usual excuses about denials or some lip service by the police officer should be accepted or not.”
This was followed by a literal judicial slap when the Court remarked: “As noted by us in our earlier orders, the police deny such incidents in the first place and, when such incidents are undeniable, come up with pleas that music was being played indoors or that music actually terminated by 10 pm.”
The HC was not done. It rubbed its displeasure in by concluding, “Further, the police authorities are under the firm impression that they are not obliged to act against clubs which are involved in violation of the noise rules unless there is a written complaint. This means that even if the beat staff or the staff of the police station hears the loud music, they think that it is not their duty to take any action. It is for the DGP to disabuse the police officials in these police stations of this incorrect impression.”
After this shameful wrap by the High Court one would have expected the system to be totally cleaned up. Alas, almost five months later, it has gotten only worse.
Goa Pollution control Board: A toothless tiger?
The clubs and pubs in North Goa Coastal belt continue to operate without consent, defying the law and order of the State. With powers to book but no executive jurisdiction to close the errant places, the Goa State Pollution Control Board (GSPCB) remains a toothless tiger to prevent illegal parties in the notorious North Goa belt.
Clubs that have been sealed and have no air and water consent from the GSPCB continue their defiance streak by announcing three-day-long parties. This is not new there was a long party weekend on the Vagator to Morjim stretch last weekend shockingly in the clubs that have no consent to operate. O Heraldo spoke to the GSPCB Chairman Mahesh Patil, and he said, “Our role is different. The Noise Pollution Act is controlled by the Police and they need to check. If we receive complaints we order action.”
GSPCB has ordered the sealing of over 75 establishments that were running without consent. “We check for the consent to operate, but the police have the authority to act against noise pollution cases,” he said.
It is noteworthy that the GSPCB has the direction to seal any establishment but has to send the recommendation to the District Collectors who have Executive Magisterial Power to summon the police and close the errand establishments. This very missing link has resulted in a complete overlooking of the law of the land by the notorious and unscrupulous elements in the coastal belt of North Goa.
