Bombay HC says police may permit peaceful protests with loudspeakers within noise rules

MUMBAI: In a PIL filed by advocate Abha Singh over denial of use of loudspeakers last year by police at a protest, a bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar on Thursday directed that she has a right to organise public meetings and peaceful demonstrations in public places except in designated silence zones.

The court also held that “use of loudspeaker is permissible within city limits subject to applicable decibel limits and timings stipulated by rules” including the Noise Pollution Rules and the petitioner will have the right to use loudspeakers in accordance with the law and rules.

If advocate Singh applies for any permission to conduct a demonstration in a public place, the Mumbai Police shall accord the necessary permission, said the HC. The only consideration to be kept in mind is that it should not cause any traffic congestion or problems, it added.

The court also said that Mumbai Police should display due application of mind and should not act in any highhanded manner.

The chief justice further expressed displeasure at the manner in which section 37 of the Bombay Police Act was being used every 15 days for 365 days a year by issuance of circulars by the police banning the use of loudspeakers in public places. The section empowers police to pass orders for a temporary period to prevent disorder or social unrest in an area.

The DCP headquarter of Mumbai Police Commissioner was present in person and on his behalf, the additional government pleader Abhay Patki assured the HC that in future, the merits of a case would also be looked into.

Singh and other NGOs were denied permission last year to use loudspeakers at Carter Road Amphitheatre, and hence she had approached the HC. The court agreed with her submissions and said that demonstrations and dissent are the backbone of democracy.