On Thursday, the Bombay High Court instructed the Mumbai Police to address a petition that claims there has been insufficient action against excessive noise generated by a mosque in Kandivali (East) during early morning hours, despite existing restrictions on loudspeaker usage from 10 PM to 6 AM.
A division bench comprising Justices Ajey S Gadkari and Kamal R Khata noted that if the petitioner’s claims of “blatant lies” from authorities are validated, it would represent a significant violation of the Noise Pollution Rules established in 2000.
The bench issued a clear verbal warning, emphasizing that failure to comply with court directives could lead to contempt proceedings against any police officers found negligent.
The case was brought before the court by advocate Reena Richard, a resident of Thakur Village, who reported ongoing breaches by a nearby mosque. She stated that her repeated complaints to the Samta Nagar police about the loudspeaker use during early morning hours were met with inconsistent enforcement measures.
According to Richard, officials had previously committed to ensuring compliance and even apologized in court for their lack of action, leading to the initiation of criminal proceedings against offenders. Nonetheless, she asserted that permits for loudspeaker use were being issued again starting in 2024, despite the area being designated as a silence zone.
Richard further alleged that government attorneys were erroneously claiming the locality was not a silence zone, pointing out that a maternity ward of a hospital is located within 50 meters of the mosque, along with a school and a college in close proximity.
In light of these allegations, the bench remarked, “If the petitioner’s claims are accurate, this is a serious issue,” and mandated the police to submit an affidavit within two weeks.
Justice Khata also referenced a ruling from January 2025, in which the High Court mandated authorities to enforce strict adherence to noise regulations. “Rules should never be violated… any officer would face contempt for non-compliance,” he stated.
The January 2025 judgment, which was led by Justice Gadkari, declared that loudspeaker usage is not an integral aspect of any religion. It also required the Maharashtra government to implement a system to monitor and control the decibel levels of loudspeakers and public address systems at religious sites and institutions, regardless of their faith.
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