Mumbai: The Bombay High Court on Tuesday refused to grant an urgent hearing in a Public Interest Litigation (PIL) petition seeking a ban on use of DJs, dance, music, and laser lights during the upcoming Eid Milad-un-Nabi processions on September 16.
The PIL was filed by four businessmen from Pune – Zuber Peerzade, Siddiqui Alam, Amran Shaikh and Gousemoddin Shaikh – urging the court to direct municipal corporations to refrain from granting such permissions. It claimed that neither the holy Quran or 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 plea asserts.
On Tuesday, advocate for the petitioners sought an urgent hearing stating that the Eid Milad-un-Nabi procession will be held on September 16. The advocate said that the National Green Tribunal (NGT) has already imposed a ban on use of DJ and beam lights during Ganesh Chaturthi. Hence, he urged the court to hear the plea and consider imposing a similar ban.
A bench of Chief Justice DK Upadhyay and Justice Amit Borkar, however, quipped that the petitioner too could approach the NGT. The PIL will come up for hearing in due course of time.
The plea has urged 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 plea highlights that despite the court’s directions to the state government, it has failed to control noise pollution during festivals. Further, no grievance redressal mechanism has been created to address complaints regarding the use of DJs and laser lights on public roads.
