PIL against Masjid loudspeakers: HC says illegal loudspeakers of all religious centres must go

[email protected] (CD Network)
August 1, 2014

Mumbai, Aug 1: Calling upon all citizens to come together against noise pollution the Bombay high court has directed the police to remove loudspeakers from places of worship in Mumabi and Navi Mumbai if the required permission from the authorities has not been obtained.

loudspeakersA division bench of Justices V M Kanade and P D Kode, while hearing a PIL, said that unauthorized loudspeakers must be confiscated irrespective of whether they were installed for "Ganeshotsav, Navratri or in mosques... irrespective of religion, caste or community". It called on citizens to "come together" against noise pollution.

A recent RTI plea unearthed data that showed 45 of the 49 mosques in the area did not have the requisite permission for loudspeakers.

The PIL, filed by Navi Mumbai resident Santosh Pachalag earlier this year, raised the issue of "illegal use of loudspeakers" by mosques in Navi Mumbai. It claimed that, according to data obtained recently under the Right to Information Act, 45 of the 49 mosques (around 92%) in the area do not have permission for loudspeakers. It added that the mosques are located in silence zones, which house schools and hospitals, and that their loudspeakers surpass the decibel levels allowed under the Noise Pollution (Control and Regulations) Rules 2000.

The judges on Wednesday asked the state to find out if the mosques have taken necessary approval. "If they have not, what steps have you taken? This cannot go on," said Justice Kanade.

Pachalag's advocate D G Dhanure said the police can confiscate the loudspeakers if they are being used without proper approvals. He submitted that, according to RTI data, Ganpati and Navratri mandals in Thane had applied for permission to play loudspeakers.

The bench said that unauthorized loudspeakers must be confiscated in all cases, "whether Ganeshotsav or Navratri or mosques". It observed that festivals like Ganeshotsav and Navratri can get noisy. "They are a source of continuous noise pollution. It is impossible to sleep during Ganeshotsav, particularly its last five days," said Justice Kanade, adding that "patients and old people at home" are especially affected. The judges called for a citizens' initiative against noise pollution.

The judges directed the state to file an affidavit on whether all mosques in Mumbai and Navi Mumbai that use loudspeakers have sought permission for them. "If necessary permission is not obtained, the police are directed to take adequate steps to removal these loudspeakers," they noted in their order.

Comments

TrueIndian
 - 
Saturday, 5 Mar 2016

the most disturbing part is listening to the muslim prayers early in the morning , it gives d worst start for the day ....
i dont know what mosques were doing before the invention of speakers

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News Network
July 19,2020

Bengaluru, Jul 19: Karnataka Chief Minister B S Yediyurappa convened a meeting with Private Medical College Hospitals on Saturday to assess COVID-19 management and directed them to provide 50 per cent of the beds, as promised, with effect from Sunday.

The chief minister said that private medical college hospitals need to cooperate as there is a sharp rise in COVID-10 cases in the city. He further said that it has come to the notice of the government that some institutes are denying treatment of COVID-19 as well as non-COVID patients.

The chief minister expressed his concerns over media reports stating several people died as they didn't get timely treatment due to denial from the hospitals. He said that Bengaluru should continue to lead the country as a role model in COVID-19 management.

During previous meetings, private medical colleges had agreed upon providing around 4,500 beds, which would make the total beds available in government and private medical colleges 6,500.

The chief minister expressed dismay over some colleges not providing the number of beds as promised and also about certain lacunae which were noticed by ministers during their visit.
During this emergency situation, we should show humanity. COVID and non-COVID patients shall not be denied treatment and the balance in healthcare system shall be maintained, he advised.

He assured them of all support, including providing doctors and nurses if need be.
The private medical colleges had assured to provide 50 per cent of beds and some colleges offered 80 per cent of the beds for COVID treatment.

Nodal officers have already been appointed to monitor the availability of beds in these medical colleges.

It was decided to issue a notice to Vaidehi Medical College for their absence in the meeting.

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News Network
February 19,2020

Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.

Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.

“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.

In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.

‘Pics show cops throwing stones at crowd’

Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.

“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.

In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.

“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.

The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.

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News Network
June 19,2020

Jun 19: BJP leader Devendra Fadnavis on Thursday said Maharashtra Chief Minister Uddhav Thackeray should sign an agreement with neighbouring Karnataka to avoid a repeat of flood in part of the state like it happened in August last year.

In August 2019, Kolhapur, Sangli districts and some other parts of the state faced unprecedented floods triggered by huge release of water from dams in western Maharashtra and from the Almatti dam in Karnataka.

Fadnavis said, The Maharashtra chief minister should hold an urgent meeting with the Karnataka chief minister and enter into an agreement over-discharge of water from the Almatti dam located on the border of both the states."

If water is not released from the Almatti dam in time, it will cause flooding in border areas of Maharashtra such as Kolhapur and Sangli.

"A pact between the two states would benefit both as it would help in keeping water levels in control, the former chief minister said.

The dams in the state already have sizeable water stock. It would be better if the chief minster schedules a meeting with the Karnataka chief minister regarding the same (agreement), the Leader of Opposition in the assembly said.

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