Only an officer 'not below the rank of Deputy Superintendent of Police' can grant the permission, division bench of Justices AM Khanwilkar and SS Shinde pointed out.
The High Court was hearing a petition filed by Aurangabad-based Anand Salvi, who had sought ban on use of loudspeakers during 'Aurangabad Premier League', a cricket
tournament, at ADCC stadium in the city.
Salvi had pointed out that the event, which took place between March 3 and March 11, coincided with Std X and XII board examinations.
After the organisers assured that they would abide by noise pollution rules, court had allowed the event to proceed, and kept the petition pending.
But in the judgement delivered last week, the court observed that organisers had obtained permission to use loudspeakers from the local Mukundwadi police station.
Under the Noise Pollution (Regulation And Control) Rules, 2000, the authority which can give such a permission includes "a District Magistrate, Police Commissioner, or any
other officer not below the rank of the Deputy Superintendent of Police ", the judges noted.
Further, the court observed that police should have taken into account the fact that the tournament coincided with board exams.
"It appears that such events are organised by local politicians with the sole intention of networking with the masses...In the name of promoting sports, such events are
being organised to consolidate one's political position...", Judges said.
"The officials of the Police Department as well as that of the Pollution Control Board have, therefore, failed to discharge their obligation," court added.
Here onwards, the state must take steps to see to it that Noise Rules are implemented correctly, the court said.
Mumbai: A mere police inspector in charge of a local police station cannot give the permission for use of loud speakers/public address system, the Bombay
High Court has held in an important ruling.
First Published: Sunday, June 13, 2010, 08:50