SC Stays Allahabad HC's Blanket Ban On DJ Services [Read Order]

Granting interim relief to the petitioners who challenged the ban, the bench of Justices UU Lalit and Vineet Saran asked the concerned authorities to decide on the applications seeking permission to play DJ. The Court said that permission should be granted for DJ services, if the applications are otherwise in accordance with

"…as and when any applications are preferred, the applications shall be considered by the concerned authorities; and if the same are otherwise in accordance with law, the permission may be granted despite the direction issued by the High Court," they said.

The petition had been filed by individuals, claiming to be professional DJ players. They submitted that the Petitioners in the proceedings before the high court had complained of indiscriminate use of Loudspeaker in their neighborhood, and therefore, the high court was mistaken in passing a general direction for the entire state.

While passing the impugned order in August this year, the high court had passed a series of directions in order to control noise pollution. The Petitioners in the present case are aggrieved by the direction no. (iii), as contained in the impugned order:

"Under the Rules, 2000, no permission for DJ shall be granted by the authority for the reason that noise generated by DJ is unpleasant and obnoxious level. Even if they are operated at the minimum level of the sound it is beyond permissible limits under the Schedule of the Rules, 2000. A DJ is made up of several amplifiers and joint sound emitted by them is more than thousand dB (A). They are serious threat to human health particularly children, senior citizens and patients admitted in the hospitals."

It was submitted before the top court that the above said direction was violative of Article 19 of the Constitution inasmuch as it did not allow operation of DJs, even at minimum level, thus rendering the Petitioners unemployed.

The court has now posted the matter for December 16.

The Petitioners were represented by Senior Advocate S.R. Singh, AsOR Ankur Yadav and Dr. Sushil Balwada and Advocates Mitr Rao, Shivam Sharma, A. Sunita Pandit, Adarsh Verma Ashok Arora, Dhananjaya Kr. Tyagi and Dushyant Parashar.

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