Case Law
Subject : Constitutional Law - Writ Petition
Bengaluru, Karnataka – The Karnataka High Court on Tuesday dismissed a Public Interest Litigation (PIL) challenging the Bengaluru Police's decision to prohibit the use of DJ sound systems during processions for the Gouri Ganesh and Eid Milad festivals. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C M Joshi held that the restriction is not a blanket ban and is in conformity with the Noise Pollution (Regulation and Control) Rules, 2000.
The writ petition was filed by the All Karnataka Light Music and Cultural Artists Association, which argued that the police's refusal to grant permissions for DJ systems amounted to a "blanket ban." This, they contended, infringed upon the fundamental right of artists to practice their profession, as guaranteed under Article 19(1)(g) of the Constitution of India.
The petitioner sought a directive for the state government to formulate clear guidelines consistent with the Noise Pollution Rules, 2000, instead of imposing an outright prohibition on DJ and sound systems.
The counsel for the petitioner argued that the police action was arbitrary and violated the artists' right to livelihood. They pointed out an apparent inconsistency in government policy, which permits the manufacture and sale of DJ systems on one hand, while prohibiting their use on the other.
The challenge was specifically directed at a circular dated 14.08.2025, issued by the Joint Commissioner of Police, West Bengaluru City, which laid down protective measures for the upcoming festivals.
The High Court carefully examined the impugned police circular and found that it was not a "blanket ban" on all sound systems across the city. Instead, the restriction was specific to processions and public gatherings during the festival period to maintain public order and adhere to environmental noise standards.
Paragraph 10 of the police circular was central to the court's analysis:
"10. Processions to be held as per the directions issued under the Noise Pollution (Regulation of Control) Rules, 2000 under the Environmental Protection Act, 1986. There shall not be any permission for the DJs."
The Bench noted that the Noise Pollution Rules, 2000, prescribe specific decibel limits for different zones. For residential areas, the permissible limit is 55 decibels during the day and 45 decibels at night. The court expressed skepticism that high-power DJ systems used in public processions could operate within these mandatory limits.
In its oral order, the Court observed:
"The decibel levels in residential areas are required to be restricted to 55 decibels during daytime and 45 decibels at night time. It is difficult for this Court to accept that the use of sound systems in public places would be compliant with the said standards."
The court concluded that the police circular, by restricting DJs in public gatherings, was a valid measure to enforce the established noise pollution norms and ensure public peace.
Finding no infirmity in the police circular, the High Court held that the restriction was justified and warranted no judicial interference. "We find no infirmity with the circular restraining the use of DJs and sound systems in public gatherings. The Circular is in conformity to the noise pollution standards as set out in the Rules as well as the Circulars," the Bench stated.
Consequently, the writ petition was dismissed, upholding the police's authority to regulate sound systems during festivals to prevent noise pollution.
#NoisePollution #KarnatakaHighCourt #PIL
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