High Court orders FIR for noise pollution in Punjab, Haryana, UT

The Punjab and Haryana High Court has ruled that the police are bound to register an FIR in case of noise pollution. The Bench also directed the District Magistrates and Superintendents of Police to be vigilant and take appropriate steps per law, as expeditiously as possible, on violation “pointed out by any citizen of any district in states of Punjab, Haryana and UT Chandigarh.

The Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted that noise pollution was an ongoing issue. As such, it was required to be monitored from micro to macro level by the executive authorities, including the District Magistrate and Superintendent of Police, held personally liable for violating guidelines already laid down by the court.

The direction came more than five years after the High Court issued 15 commandments, including a blanket ban on loudspeakers 15 days before and during annual examinations. The Bench was hearing a petition on noise pollution filed against the state of Haryana and other respondents by Abhilaksh Sachdev and another petitioner through counsel Abhinav Sood.

“It would be appropriate that since noise pollution is part of the air pollution and is punishable under the penal provisions of the Air (Prevention and Control of Pollution) Act of 1981, the petitioner is granted liberty to approach the jurisdictional police station and lodge an FIR in the event of any violation of the guidelines laid down by this court,” the Bench asserted.

Elaborating, the Bench asserted noise pollution was a cognisable offence under the Act. As such, the police authorities were “duty bound” to register an FIR under Section 154 of the CrPC or Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if any such cognisable offence was brought to their notice.

Going into the technical aspect of the matter, the Bench asserted: “If the police fail to perform its statutory under Section 154, the aggrieved person is free to approach the Magistrate under Section 156(3) of the CrPC, now Section 175 of the BNSS. However, the direction does not absolve the District

Magistrate and the Superintendent of Police since they have been held to be personally liable in terms the directions passed by a coordinate Bench of this court on July 22, 2019”.

The court also referred to the judgment in Lalita Kumari’s case, reinforcing that FIR registration was mandatory, when information revealed a cognisable offence. Holding Punjab, Haryana and Chandigarh culpable for failure to adopt adequate steps for checking noise pollution from factories and even religious bodies, the High Court in its 2019 order had even banned the blowing of horn in residential areas between 10 pm and 6 am.

Temples, mosques and gurdwaras were also been prohibited from using loudspeaker and public address system without permission. Playing of musical instrument and amplifiers at night in the open was also proscribed.