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A Karnataka High Court bench headed by Chief Justice Ritu Raj Awasthi on Friday asked the State government to respond to the allegation that permanent licenses were being granted by the government to operate loudspeakers in mosque.

The bench, also consisting of Justice Ashok S Kinagi, also asked the State government to clarify as to under which provisions permanent licenses were granted to operate those loudspeakers. 

The above transpired in a batch of Public Interest Litigation pertaining to sound pollution. Court had, on the last date of hearing, directed the state to take suo motu cognizance of noise pollution caused by vehicles with modified/amplified silencers installed against the norms prescribed under the Motor Vehicles Rules.

Court had directed the authorities to inform as to what steps are being taken to curb such instances and launch drives to take action against such vehicles. 

Court, on Friday, asked the state to file an affidavit stating whether or not provisions of Noise Pollution (Regulation and Control) Rules, 2000 are being complied with.Court also directed the State of Karnataka to apprise it as to what exercises the State has undertaken to ensure that there are no illegal loudspeakers.

In addition to the above, the court asked the petitioner to place material on record to substantiate his argument pertaining to the alleged permanent licensing. The petitioner undertook to place the relevant material on record before the next date of hearing.

He further asked the court to direct the Karnataka State Pollution Control Board to file an affidavit stating whether or not the loudspeakers were being used in violation of the 2000 Rules.

Court, however, opined that the pollution control board could not carry out such an exercise independently. Court informed the petitioner that this aspect can be looked at after the state files its affidavit.

Court, thus, directed the State to file its affidavit covering the above-mentioned aspects and reply to the contentions raised by the petitioner. The matter has been adjourned to next week for hearing.

It is to be noted that the 16 mosques that are before the court had filed a reply stating that they are using the loudspeaker and public address system on the basis of a circular issued by AUKAF Board. On the other hand, the counsel for the petitioner has contended such devices cannot be used under the Noise Pollution Rules and the AUKAF board is not authorised to grant permission for the use of loudspeakers.

Case title: Rakesh P Vs State of Karnataka