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The petitioner argued that all religious festivals celebrated in public places must adhere to the provisions of the Noise Pollution Rules, and no religion or sect can claim a fundamental right to use DJs, speakers, or noise-creating instruments as part of their rights under Article 19(1)(a) and 25 of the Constitution of India
The Bombay High Court on Wednesday said that if DJ is harmful for Ganesh Chaturthi then it is harmful for Eid also.
A division bench of the high court comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar was hearing a PIL filed by Zuber Ahmad Nazir Ahmad Peerzade, urging the high court to direct the civic bodies to refrain from granting permission to use DJs, dance, music, and laser lights during the processions.
The plea stated that neither the holy Quran nor Hadith prescribes the use of DJ sound systems and laser lights for celebrating Eid Milad-un-Nabi, nor did the Prophet himself advocate such forms of celebration.
The petitioner argued that all religious festivals celebrated in public places must adhere to the provisions of the Noise Pollution Rules, and no religion or sect can claim a fundamental right to use DJs, speakers, or noise-creating instruments as part of their rights under Article 19(1)(a) and 25 of the Constitution of India.
The bench asked Advocate Owais Pechkar, appearing for the petitioner, to point out some scientific studies that stated that there were harmful effects of the use of laser beams. However, Pechkar responded and said that he did not have any such material, to which the bench responded and said,
“Why didn’t you do research? There is a hue and cry about mobile towers. Have you gone through study? How do we adjudicate unless there is a study that laser beams have harmful effects? You should assist the court in giving effective direction. We are not experts. I do not know L of laser,” the bench said.
Pechkar submitted that there was a video of a scientist who had spoken about the use of laser beams and their harmful effects. The bench responded to him and said, “There may be divergent views of experts. Where is your study? Go and dive deep into research. You should've contacted some scientists. It is celebrated every year. If DJ is harmful for Ganesh Chaturthi then it is harmful for Eid also,” the bench said.
The high court noted that the ban on DJ was already covered by an earlier judgement of the high court. Therefore, the bench disposed off the petition in terms of the earlier judgment.
Case title: Zuber Ahmad Nazir Ahmad Peerzade vs State of Maharashtra & Ors
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