high courtat calcutta (appellate side) chapter- xix · sound amplifier shall not be u^ed at night...
TRANSCRIPT
Signature of the Sec^^ou Officert, Centre/Filing Section
Submitted o^
of the Advocatefor the petitione^s)
••• ?>"is1:
R E C B P T BReceived Case T3rpe No.of2020
Connected Lower Court Case
To be listed as Main Application onIn Court No.
Special Information, if any
Dated20
15.
16.
Date of;.Transfer?
The Constitution of India
10
Oy.07.2020
Fc.of 20
Case Stage Code (See Table-II)
Acts(s)
Rule(s)
Working Section (See Table-V)
l^nie oi filing
Connected Case type
Lower Cons^ Information (if any)' ^J-
Lower Court details: Dist/High/Tribun&I District
CokuisDistrict Code (See Table-Vi) " '•'' •, '̂-
Lower Court Case No.
Judgment/Order dated
Sub-Group:Group:
WP(Filing Number and date to be givenby the Office)18Arjun Singh
State of West Bengal and Others
Vikash Singh
CASE TYPE (See Tabte-1)No.of 20
DISTRICT CODEPetitioner(s)/Appellant(s|/Appiicant(s)
Respondent(s)/ Opposite
Petitionerjs)/Appellant(s)/Applicant(s)AdvocateRespondent(s)/Opposite Party (Parties)AdvocateSubject Category Code (See Table-Ill)
1.2.
2A.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
HIGH COURT AT CALCUTTA(APPELLATE SIDE)
CHAPTER- XIX *^APPENDIX - flV-
;,FORM - A
PRESENTATION FORM
20^0q^3
0^0^2-
Advocat^-on-Record
Vikash SinghC/o. R. SINGH & ASSOCIATES,ADVOCATESRoom No. 215 , 2nd Floor, "Hastings Chamber",7C, Kiran Stumkar Rov Road.Kolkata - 700001
In the matter of:
An application under Article
226 of the Constitution of India;
And
In the matter of:
Public Interest Litigation;
And
In the matter of:
Subject matter related to:
Group:Head:
of the Classification List;
And
Arjun Singh;Petitioner
Versus
The State of West Bengal & Ors.
•.Respondents
DISTRICT: North 24 Parganas
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
* APPELLATE SIDE
W. P. NO.(W) OF 2020
Serial.NoAs per Register of Notary
•R
0 3 JUL 2020. ^
1-lft.
D-E
B-C
Page NoAnnexure
A copy of the letter dated
01.07.2020
Writ Petition
Points of Law
List of Dates
Details of Documents
INDEXSI. No.
In the matter of:
An application under Article
226 of the Constitution of
India;
And
In the matter of:
Public Interest Litigation;
And
In the matter of:
Arjun Singh;
Petitioner
-Versus-
State of West Bengal 8b Others
,Respondents
. IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDEW. P. NO.(W) OF 2020
DISTRICT: North 24 Parganas
t r
0 3
LIST OF DATESi
Dates . ' '*Particulars. |
May 31, 2020The Respondent no. 1 has issued several orders
and guidelines, in view of COVID-19 p
no religious activity is being carried
In the matter of:
An application under Article
226 of the Constitution of
India;
And
In the matter of:
Public Interest Litigation;
And
In the matter of:
Arjun Singh;
.....Petitioner
Versus
State of West Bengal 8b
Another
Respondents
IN THE-HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDEW.P. NO.fW) OF 2020
DISTRICT: North 24 Parganas
, B -
0 3
.The Respondent No. 1 opened religious places for
devotees with a restriction of ten people inside the
premises at a time from June 1, 2020.
June 1, 2020
i-eligioias place till May 31, 2020
C
JUL 2G2B03
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
• APPELLATE SIDEW. P. NO.(W) OF 2020
In the matter of:
An application under Article 226
of the Constitution of India;
-And-
In the matter of:
Public Interest Litigation;
-And-
In the matter of:
Arjun Singh
Petitioner
-Versus-
State of West Bengal 8b Others
Respondents
POINTS OF LAW
1.Whether the inaction on the part of the respondent no. 1
have violated and infringed the fundamental rights of the
public at large?
2.Whether the respondent no. 1 and 2 is acting in colourable
exercise of power?
DISTRICT: North 24 Parganas
D
0 3 JUL 20ZQ
3.Whether the respondent no. 1 and 2 is acting in deviation
and/or contrary to the principles of fair play, law, equity
and natural justice?
4.Whether there has been complete non-application of mind
on the part of the respondent no. 1 and 2?
5.Whether the acts and misdeed on part of the respondent no.
1 are illegal, arbitrary, capricious, malafide and should be
struck down and/ or set aside?
6.Whether the respondent no. 1 and 2 has failed to executive
authority vested on them?
E
2020
the matter of:
n application under Article 226
f the Constitution of India;
-And-
the matter of:
ublic Interest Litigation;
-And-
the matter of:
rjun Singh, son of late
atyanarayan Singh, residing at
6, B. L. No. 19A, Mominpara,
ost Office 8s Police Station-
agatdal, District-North 24
arganas, Pincode-743125
Petitioner
-Versus-
. State of West Bengal, through
he Secretary, Environment
epartment, having its office
t Department of Environment,
th Floor, Pranisampad Bhawan,
lock LB-II, Salt Lake, Sector III,
idhannagar, Kolkata-700 106;
District: North 24 Parganas
IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION
• '* APPELLATE SIDE
(W) OF 2020
t
0 3
2.West Bengai Pollution Control
Board having its office at
Paribesh Bhavan, 10A, Block-
L.A., Sector ^ III, Salt Lake City, * :
Kolkata- 700 106;' •
3.Union of India, through
Secretary, Ministry of Law 8b
Justice, having its office at 11, • •
Strand Road, Kolkata-700001• I
Respondents
i
ToThe HonT^le Thottahil B. Radhakrishnan, Chief Justice and His
Companion Justices of the said HonT^le Court. ,i
The humble petition of the
petitioner abovenamed most:
respectfully
SHEWETH:;1.The petitioner is a citizen of India. The petitioner is a sociali
worker and a member of Lok Sabha.
12.The respondents are the State within the meaning of Article
12 of the Con^titution of India. In any event, the acts and
omissions of the respondent no. 1 8b 2 impugned have infringed thej
Fundamental Rights- and other constitutional rights of the . ;
petitioner and people at large and as such responde
0 3 JUL 2020
amenable to the exercise of the writ jurisdiction of this Hon^ble
Court under Article 226 of the Constitution of India.
3.The petitioner is filling the instant writ petition in public
interest. The petititioner have no personal interest or benefit in the
instant litigation and the petition is not guided by self gain or for*gain of any other person/institution/body and there is no motive
othen than of public interest in filing the instant public interest
litigation. The Petitioner has no private interest in this litigation.
4.Your petitioner ^states that Petitioner is peace loving and law
abiding citizen of India and a Member of Parliament. He has
dedicated his life to social service to the public at large and deeply
concerned with the COVID-19 pandemic.
5.Your Petitioner .submits that the Central Government as well
a.s State Government has issued serveral Orders and guidelines, in
view of COVID-19 pandemic and no religious activity is being
carried out at any religious place till May 31, 2020. The
Respondent No. 1 opened religious places for devotees with a
restriction of ten people inside the premises at a time from June 1,
2020. The Responde^t No. 1 extended the state-wide lockdown till
July 31, 2020. The Petitioner craves leave to produce the said
Government Orders and Guidelines at the time of hearing, if
necessary.
6.Your petitioner submits that, Azan, Islamic call to prayer, is
called out by Muzzein from the mosque five times a day. The
outdoor loudspeakers are mounted on tall minarets, are used fi
times a day for the call to prayer, sometimes starting as early
a.m. Some mosques have the loudspeakers which are powerful
enough to be heard as far as 5 km away from it. In areas where
more than one mosque, the loudspeakers sound overlap one
another, especially in the early morning. Loudspeakers are
sometimes also used inside mosques to deliver sermons or for
prayer.
7.Your petitioner submits that Azan is a call for congregation
to offer prayers at the mosque, therefore it is a violation of the
Covid 19 Guidelines. It is illegal and must be stopped by the
respondent authorities.
8.It is pertinent to mention here that during the period of
lockdown with co-operation of other religious groups, no
loudspeakers/ amplifiers have been used during festivals like
Navratri, Ram Navmi, Poila Baisakh and Hanuman Jayanti.
9.Your petitioner submits that in terms of Rule 5(1) of the
Noise Pollution Rules, a loud speaker or public address system
shall not be used except after obtaining permission from the
Authority under the Noise Pollution Rules. The 5(2) of the said
Rules provides that a loudspeaker or a public address system or
any sound producing instrument or a musical instrument or a
sound amplifier shall not be u^ed at night time except in closed
premises such as auditorium,
community halls or during a
under the said Rules defines ni;
the period between 10.00 p.m. tjo 6.00 a.m. and 6.00 am to 10.00
pm respectivey. Thus, even if permission is granted under Rule 5(1)
of the said Rules to Use loudspeakers or public address syste
u
conference halls, banquet halls,
public emergency. The Schedule
;ht time and day time which mean
0 3 JUL.20W
that a citizen has a right to
and right to remain silent.
13. Your petitioner submits
right to sleep, right riot to hear
under Article 19 (l)(a) of the Constitution of India. No one has got
the right to make other persons captive .listeners. One cannot
disturb others basic human ri ^hts and fundamental rights. Use of
loud-speakers can cause hearing loss, disturbance of sleep,
interference with communication, annoyance -etc. and other
diseases^ Right to sleep is not only a fundamental right but it is to
be conceded to be a basic human right.
that use of loud-speakers otherwise
fundamental rights of the citizens
12. Your petitioner submits
in accordance with law affect:
noise pollution is a fundamental right protected by Article 21 of the
Constitution of India. Noise pollution beyond permissible limit is
hazardous which violates the fundamental rights of citizens.
that right to live in freedom from11. Your petitioner, submits
a tremendous impact on the nervous system of human being.
that sound is a known source of
:fect of sound on human body is has
Government to specify in advance,
the days on which such exemption
10. Your petitioner submits
pollution. The adverse and ill e
requires the concerned State
the number and particulars of
would be operative. •
the same cannot beuised between 10.00 pm to 6.00 a.m. TheRule
5(3) of the said Rules confers power of relaxation on the State
Government and permit the use of loudspeakers or public address
system during night time between 10.00 p.m. to 12.00 midnight on
or during any cultural or religious festive occasion not exceeding
fifteen days in all during a calendar year. The said exemption
Fundamental Rights of the public at large.
IS. The petitioner states that the inaction on part of the
respondent, authorities is- arbitrary, unreasonable, irrational and
disproportionate.
and 2 are allowed to carry on its
would blatantly infringe the
17. If the respondent no 1
illegal activities, the sarm
however no avail. A copy of the said letter is annexed hereto and
marked as ^P/l".
16. However, the illegal acts and/ or omissions by the.respondent
no. 1 is designed towards negating the rightand/or title and/or
interest of the public at large.
use of loudspeaker and amplifier,Respondent, no. 2 to stop the
15. Your petitioner submits that your petitioner wrote a letter to
noise emanate from use of loud^speaker has to be controlled by all
means in as much as use of such loud-speaker and/or
microphones is a serious threat to public life and health.
14. Your petitioner submits that the tremendous sound and/or
: may create health problems.had an adverse effect on them. I
compelled to bear this serious impact of sound pollution which has
from nervous disorder may bepatients or patients suffering
also the right to read and speak with others. Use of microphones
certainly takes away the right of the citizens*to speak with others,
their right to read or think or the right to sleep. There may be heart
3 JU1.2Q2^
VI. FOR THAT the respondent no. 1 and 2 have failed to
executive authority vested on them . •
20. The petitioner craves ^^ave of this Hon'ble Court to urge
additional ground at the time of hearing.
no. land 2 are illegal, arbitrary, capricious, malafide
omissins on part of the respondentFOR THAT the acts andV.
III.FOR THAT the respondent no. 1 and 2 is acting in deviation[ •• ^••
and/or contrary to the principles of fair play, law, equity and
natural justice
IV.FOR THAT there has been complete non-application of mind
on the part of the respondent no. land 2
trio. 1 and 2 is acting in colourable
fundamental ^ights of the public athave violated and infringed the4
large
II.FpR'THAT the responden
exercise of power
FOR THAT the inaction en the part of the respondent no.. I
GROUNDS
I.
r Article 226 of the Constitution of
3ther
move this writ application unde
India on the following, amongst
Azaan, the petitioner intends toloudspeakers in mosque during
19. Being aggrieved by and dissatisfied with usage of
0 3
petitioner undertakes that the instant petition shall be affir
26. The petitioner states tha: in view of the outbreak of the
pandemic namely, COVID 19 ard due to prevailing situation it is
not possible for him \o affirm th^ instant petition. As such, the
ie has not moved any other forum
same cause of action;
25. The petitioner states that
or this Hon'bie Court on the self
23.The records of the case ^re lying within the jurisdiction of
this Honhle Court.'
24.The petitioner has a. strong prima facie case on records and
the preponderance of balance of convenience is in his favour, and
the orders prayed for being passed.
urt. in any event the impugned
ion and violative of Part III. of the
e to judicialreview.Constitution of India, is amenab
22. The petitioner states that, in order to decide the present
dispute and in particular the issue raised in this writ application,
this' Hon*ble Court is not required to return any finding on facts
which require any evidence to be adduced other than plain
consideration of the subject matter. As such, alternative remedy, if
there be any, cannot be a bar to exercise of the extraordinary writ
jurisdiction of this Hoh'ble Co
decisions being v/ithout jurisdic
he has nc other adequate or
s sought for if granted will be full,
reliefs prayed for are not granted
s and injury.
I%*-^P*.•*i ' " '"H
21. The petitioner states
efficacious remedy and the relie:
adequate and proper and if the
then he will suffer irreparable lo
th^t
If.
0 3
c) A writ of and/or in the nature
of Mandamus commanding the
respondent no. 1 8b 2 to s
b) Dispensation of service in
terms of Rule 26 of the Appellate
Side Rules of this Honhle Court;
In thesecircumstances, your
petitionerhumbly prays Your
Lordships' for the following
orders:
a) Exempt the petitioner from
filing duly affirmed affidavit in
the prevailing circumstances and
further grant leave to the
petitioner to deposit deficit court
fees within 48 hours of opening
of the Hon^le High Court, after
attainment of normalcy;
128. This petition is made bo^^a fide and in the interest of justice.
27. The Advocate on Record Of the instant case is Vikash Singh
and his email address is [email protected] and mobile
no. is 9903072141. He intends to avail the Virtual Hearing.
and requisite court fees shall
resumption of normal functioning of this Hon'ble Court.
be deposited within 48 hours of
202^0 3
e)A Writ of and/or in the nature
of Certiorari do issue directing
the respondent no. 1 & 2 and
each one of them to forthwith
certify and transmit to this
Hon'ble Court all the records and
documents pertaining to this
instant case, so that
conscionable justice. may be
administered; "
f)Rule NISI in terms of prayers
above;
g)Ad interim orders in terms of
prayers above;
use of ! loudspeakers and
amplifiers during Azaan;
d) A Writ of and/or in the nature
I of Prohibition do issue directing
: the respondents and each one of
i] them to allow the use of
: loudspeakers and amplifiers
during Azaan in any manner
whatsoever;
10t
3 jui
And for this act of kindness, your petitioner, as in duty bound,
shall ever pray.'
' h) To pass such other or furtheri
order of orders as Your Lordships
i may deem fit and proper
• f
11
•• if
Solemnly af^fmWd/declarebefore me ah Id^tifiibaiion by
Ld '
ABDUL HA^l^ MOLLA^No^ary Public
Jovernmont oV IndiaReg. No.- 93B0/2011High Court, Calcutta
M-9831104098>
0 3 JUL
Advocate
I certify all the annexure are legible
Advocate
Deponent known to me
Advocate
Prepared in my office
2. The statements ^ade in paragraph of the foregoing application are
true to my knowledge and believed by me to be true and the statements
contained in paragraph are my most respectful submissions before this
Hon'ble Court.
1. That I am the appellant/petitioner herein and as such, I am fully
acquainted with the facts and circumstances of this case. I am
competent to affirm this affidavit.
I, Arjun Singh, son of late Satyanarayan Singh, residing at 36, B. L. No.
19A, Mominpara, Post Office 8b Police Station- Jagatdal, District-Northi•
24 Parganas, Pincode-743125; do hereby solemnly affirm and say as
follows:-
t
Sub: To stop the use of loudspeakers and amplifiers during Azaan in the >
State of West Bengal,
•Sir,.• , .s
•••*iPlease note that the Central Government as well; as State Government hasissued several Orders and guidelines, in view of COVID-19 pandemic and noreligious activity is being carried out at .any religious place till May 31, 202.0.The State of West Bengal opened religious places for devotees with a restriction .
of ten people inside the premises at a time from June 1, 2020.
Please further note that despite of such orders and guidelines, Azan, Islamic
call to prayer, is called out.by.Muzzein from the mpsque five times a day. Theoutdoor loudspeakers are mounted on tall minarets, are used five times a day „for the call to prayer, sometimes starting as early 4 a.m. Some mosques have!
the loudspeakers which are. powerful enough to be heard as far as 5 km away (from it. In areas where more .than one mosque, the loudspeakers sound overlap •one another, especially in the early morning. Loudspeakers are sometimes also '
used inside mosques to deliver sermons or for prayer.
Azan is a call for congregation to offer prayers at the mosque, therefore it is aviolation of the Covid 19 Guidelines. It is illegal and" must be stopped by therespondent authorities. During the period of lockdowri with co-operation of
July 1,2020
To"
West Bengal Pollution Control Board,"Paribesh Bhavan", 10A, Block-L.A.,
Sector - III, Salt Lake City,
Kolkata- 700106
+91 96363 19507;+91 96364 61807'
2i6f
•T
#•
i '*•
1
. other religious, groups, no* loudspeakers/ amplifiers have been "used duringfestivals like Navratri, Ram Navmi, Poila Baisakh ^nd Hanumari Jayanti.1•, • fi
.. IIn terms of Rule 5(1) of the Noise Pollution Rules, a loud" speaker or publicaddress system shall not be used except after obtaining permission from theAuthority under the Noise Pollution Rules. The 5(2) of the said Rules providesthat a loudspeaker or a public address system- or any sound producinginstrument or a musical instrument or a sound amplifier shall not be used atnight time except in closed premises such as auditorium,' conference halls,banquet- halls, community halls or during a public emergency. The Scheduleunder the said Rules defines night time and day. rime .which mean the period
between 1^0.00 p.rp. to 6.00 a.m. and 6.00 am to 10.00 pm respectively. Thus,even if permission'is. granted under Rule 5(1) of the said Rules to- use1
loudspeakers or public address systems,. the same cannot be. used between10.00 pm. to ^-00 a.m. The Rule 5(3)[ of-the sajd Rules" confers power of
relaxation on the State Government and. permit the use of loudspeakers orpublic address system during night time between 10.00 p.m. to 12.00 midnight
on, or during any cultural or religious festive occ^sion not .exceeding fifteen
days in all during a calendar'year. .,. / '
Please note, that, sound is-a known source of pollution. The adverse and ill
effect of sound -on human body is has a tremendous impact on the nervoussystem of human being.^ Right to live in freedom from noise pollution is af^ndamental.right protected by Article .21 of. the.Constitution, of India.. Noisepollution, beyond permissible^timit is hazardous which violates the fundamentalrights of.citizens.- '. ' I i < .- .,^.;•• A
Please note that use of loud-speakers otherwise in accordance with law affectsfundamental riglits of the^Citizens under Article 19 (l)(a) of the Constitution or
India..No one has got the right to make o^^xer persons^ captive listeners. One.cannot disturb..others basic hqman .right^ and-.fythdainental .rights. Use of
^f+9^ 9836,3 19507+91 98364 61807
216, ^
iii*• >
-' ' i
(Aijun Singh)
Thanking you
Yours faithfully
Please note that the tremendous ^ound and/or noise emanate from use ofloud-speaker has to be controlled by all means in as much as use of.such loud
speaker and/or microphones is a serious threat to public life and health.
'Azan' is ah essential part of Islam but use of loudspeakers and. amplifiers is
not ah-essential part of it._ •. " •, . •,........ ,.•'•
I hereby request you to kindly immediately stop the use of loudspeakers and
amplifiers during Azaan in the State of West Bengal.
I-
loud-speakers can cause hearing loss, disturbance of sleep; interference withcommunication, annoyance etc. and other diseases: Right to. sleep is not only a
fundamental right but it is to be conceded to be abasichuman right.
.Please note that a citizen has a right to leisure, right to sleep, right not to hearand right to remain silent. He has also, the right to read and speak with others.Use of microphones certainly takes away the right of the citizens to speak with
others, their right to read or think or the right to sleep. There may be heartpatients or patients suffering from nervous disorder may be compelled to bear
this serious impact of sound pollution which has had an adverse effect on
them. It. may create health problems.
^91^8363 19507+91 98364 61807
216,
R. SINGH & ASSOCIATES, ADVOCATESRoom No. 215, 2nd Floor,"Hastings Chamber",7C, Kiran Shankar Roy Road,Kolkata-7G?0001E-mail: vikash@rsinghassociates. com
Mobile no.: 9903072141
\
WRIT PETITION0 3 JUL 2020
In the matter of:
An application under Article 226 of the
Constitution of India;
And
In the matter of:
Public Interest Litigation;
And
In the matter of:
Arjun Singh;
Petitioner
Versus
The State of West Bengal & Ors.
Respondents
District: North 24 Parganas
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W. P. NO.(W) OP 2020