Mumbai: The Bombay High Court on Tuesday directed the Director General of Police (DGP) and the Maharashtra home department to give details of penal actions taken against illegal loudspeakers installed at various religious and other institutions across the state.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar has directed the DGP and additional chief secretary (ACS) / principal secretary of home department to file an affidavit on action taken with respect of 2,940 illegal loudspeakers as admitted in response to RTI reply by the petitioner.

The HC was hearing a contempt petition filed by Santosh Pachalag alleging non-compliance of its directions in 2016 against “illegal” installation of loudspeakers at religious places. Pachalag had filed a PIL in 2014 seeking directions for the removal of loudspeakers illegally installed at certain mosques in Navi Mumbai.

On Tuesday, the HC permitted Pachalag to make the present DGP and home department’s ACS as party respondents and issued notice to them seeking their response to the plea. They have been directed to file affidavits within six weeks giving details of steps or actions taken by them to ensure compliance of the 2016 verdict.

“We also direct that the affidavits to be filed under this order shall disclose the penal action or any such action initiated and taken by the authorities. Such details shall be furnished in the form of a chart which shall contain district-wise information,” the bench said.

On August 16, 2016, a bench led by Justice Abhay Oka (at present a Supreme Court judge), had observed that no religion or sect could claim that the right to use a loudspeaker or a public address system was a fundamental right conferred by Article 25 (Right to freedom of conscience and free profession, practice and propagation of religion) of the Constitution.

The court, while hearing a clutch of pleas, including that of Pachlag, had then passed orders with 32 directions to ensure the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000.

The HC had emphasised that all places of worship of all religions shall scrupulously follow the noise pollution rules and no place of worship can use loudspeakers or public address systems without obtaining permission.

Pachalag filed a contempt plea in 2018 highlighting non-compliance of the 2016 judgment. On his application under the RTI, he was informed that 2, 940 religious institutions including temples, mosques and dargahs, churches, gurudwaras and Buddha Viharas had illegally installed loudspeakers.

His advocate Deendayal Dhanure submitted that this was in violation of the 2016 judgment. Apart from troubling citizens, it was causing heavy noise pollution. He added that the violators are liable for punishment under the Contempt of Courts Act, 1971.