When HC orders buried under the noise of loud post 10 pm music

PANJIM: The dictionary meaning of the word audacity best sums up the arrogant disregard for High Court directions in its main order and in response to subsequent contempt petitions on noise pollution.

 Audacity= effrontery or insolence; shameless boldness:

 Our Review story in this edition delves deep into this. But notwithstanding anything else, let us simply look at how the High Court’s clear directions on noise pollution have been literally buried by the loud music played without any fear of the law in utter contempt. Let us handpick some of the mentions of the High Court.

 1.  MAY 3, 2023: MISC. CIVIL APPLICATION NO.984 OF 2023 (F) IN CONTEMPT PETITION NO.1909 OF 2022 (F) IN PIL WRIT PETITION NO.876 OF 2022

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It is for the DGP to consider if the usual lip service about curbing noise pollution should be accepted or not: HC

In a scathing attack on the State police for failing to curb noise pollution the Court 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 10.00 pm is curbed, then, possibly, this is one occasion to make good this statement. 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.”

The High Court Bench of Justices Sonak and Valmiki Menezes noted “Prima facie, the material which is placed along with this Misc. Civil Application is quite disturbing. The material, at least, prima facie, indicates that the police authorities are bent upon not taking action against the violators of the noise pollution rules framed by the Government itself.”

The Court further ordered that “Despite orders directing the DGP of the State to monitor the position, we think that at least prima facie; music continues to be played beyond the prescribed decibel levels beyond 10.00 pm in outdoor premises. In any case, the police seem to be most reluctant in taking up this issue seriously or controlling the noise pollution violations.”

The Court then in an unprecedented move allowed the Petitioner/Applicants advocate to meet the DGP in the presence of the PIs of Anjuna and Pernem Police Stations to discuss the issue.

2. OCT 10, 2022: CONTEMPT PETITION IN PIL WRIT PETITION NO. 876 OF 2022 Arnold D Sa Vs Mamu Hage

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Ensure that there is strict compliance with the Noise Pollution Rules: HC

The Court looked at allegations of non-compliance with the directions issued in its judgment and order dated 04/07/2022 and some other orders made on the issue of noise pollution. Notices were issued to the Government to respond to the allegations and state the measures adopted for implementation under the Noise Pollution (Control and Regulation) Rules, 2000, and the directions of this Court and Hon’ble Supreme Court.

The government was asked to ensure that there is strict compliance with the Noise Pollution Rules, the action plan and the orders made by this Court from time to time on the issue of noise pollution.

3. NOV 30, 2022: Contempt petition in PIL 7/21 Sandeep Sirsaikar vs State of Goa and others, the bench of Justice MS Sonak and Bharat Deshpande stated

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Any activities involving playing music outdoors after 10.00 pm, would be illegal and unauthorised.

Para 5 Therefore, at least prima facie, any activities involving playing of music outdoors after 10.00 pm, would be illegal and unauthorised. The Authorities concerned will have to take action, in accordance with the law, to prevent such illegal activities.

Para 7 (Referring to several advertisements of late-night music shows) from the advertisements, it is obvious that such events/shows are held commercially. Therefore, although the authorities are duty-bound to take action against the violators, no such actions are forthcoming.

Para 11  Referring to the list of 15  establishments marked by the petitioners that were playing  music beyond permissible hours based on their advertisements, the bench directed.

We direct the officials from the GSPCB, concerned Deputy Collectors and SDPOs (Police Officials) to first verify whether any permissions are at all granted to the above 15 organizers to hold such shows/events outdoors and, if so, to ensure that under no circumstances do they continue with such events/shows beyond 10 pm. If no permissions are granted, then such shows/events must be stopped

Para 12: Apart from the above 15 instances, the Authorities must take cognisance of similar advertisements and similar shows/events in the entire state of Goa.

Six months later it is business as usual. The Courts orders continue to get violated every single night as the police keep looking away, according to the locals who suffer in silence as noise gets state backing.

(Case: Contempt petition in PIL 7/21 Sandeep Sirsaikar vs State of Goa)

 There is no point in locking the stables 

after the horses have bolted: HC

Noise level monitoring systems promised in two weeks from November 30, 2022, are still not in place

Mr Prashil Arolkar, Additional Government Advocate for the state of Goa told the Court that the Department of Environment and Climate Change has already moved a proposal for acquiring the Sound Level Monitoring Systems in terms of the action plan. He states that 

about 2-3 weeks will be required for obtaining the necessary sanctions.

The Court stated that “Authorities must expedite the issue of sanction and acquisition of these equipments because it is noticed that the violations of the Noise Pollution Rules are at their peak during months of November, December and January. There is no point in locking the stables after the horses have bolted.

Current status: No confirmation on establishing the Sound Level Monitoring Systems

(Case: MISC. CIVIL APPLICATION NO.984 OF 2023 (F) IN CONTEMPT PETITION NO.1909 OF 2022 (F) IN PIL WRIT PETITION NO.876 OF 2022)

 Police seem to be most reluctant to take up this issue seriously or control the noise pollution violations: HC

 Along with this Civil Application, several advertisements have been placed on record, which indicate that music is to be played between 9.30 pm and 4 am or between 8 pm and 7 am. This means that the clubs are directly involved in playing music beyond 10 pm

Despite orders directing the DGP of the State to monitor the position, we think that at least prima facie; music continues to be played beyond the prescribed decibel levels beyond 10 pm in outdoor premises. In any case, the police seem to be most reluctant to take up this issue seriously or controlling the noise pollution violations.