If DJ is harmful for Ganesh Chaturthi, it is harmful for Eid too, says Bombay High Court

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar cited its August 20 order on a petition filed by the Akhil Bharatiya Grahak Panchayat seeking a ban on high-decibel sound systems and hazardous laser beams and said the matter raised in the businesspersons’ petition therefore stood concluded.

On Wednesday the bench asked the petitioners if there was any scientific study to show laser lights are harmful. “There has been a lot of hue and cry about mobile towers as well. Have you gone through it? How do we adjudicate this issue unless it is scientifically proved that these laser beams cause (harm). Before filing PIL you should do basic research,” Justice Upadhyaya orally remarked.

“You should assist the court to issue effective directions. We are not experts. There are divergent views. You people think we are the cure of every ill. Go and deep dive into the research. If DJ is harmful for Ganesh Chaturthi, it is harmful for Eid too,” he added.

The bench noted that as per its August 20 order, in case of any wilful disobedience of the high court’s 2016 directions on noise pollution, aggrieved parties can approach the appropriate court as per law.

In August, after the Panchayat’s petition alleged a failure by the Maharashtra Government and police in implementing the rules to curb noise pollution, the bench clarified that petitioner had other remedies available, such as making representations to the relevant authorities, including the police.

The bench had also said the Panchayat was at liberty to give a detailed representation to the authorities requesting immediate measures to regulate the use of laser beams in public places. The petitioner can also approach the police about the applicability of the offence punishable under section 125 (rash or negligent acts that put human life or personal safety at risk) or any other relevant provision of the Bharatiya Nyaya Sanhita, the court had said.