- 1 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 23349 OF 2025 (GM-RES-PIL) BETWEEN: SRI SHANKAR, PRESIDENT AND OFFICE BEARER ALL KARNATAKA LIGHT MUSIC AND CULTURAL ARTISTS ASSOCIATION (PREVIOUSLY ALL KARNATAKA MUSIC CONCERTS ARTISTS FEDERATION) REGISTERED UNDER SOCIETIES REGISTRATION ACT AS PER REG. NO. 34/07-08 HAVING ITS REGISTERED OFFICE AT, NO. 104, 4TH MAIN ROAD, 7TH CROSS, CHAMARAJAPET, BENGALURU - 560018. …PETITIONER (BY SRI VINAYAK VAMANRAO KULKARNI, ADVOCATE) AND: 1. SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU -01. 2. THE STATE OF KARNATAKA, HOME DEPARTMENT, REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 3. COMMISSIONER OF POLICE, BENGALURU CITY POLICE, CUNNINGHAM ROAD, BENGALURU CITY - 01. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 4. SECRETARY, KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVANA", NO.49, CHURCH STREET, BENGALURU - 560 001. 5. ADDITIONAL CHIEF SECRETARY, FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, ARANYA BHAVAN, BENGALURU -01. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 3 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT, ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT No. 1 OR 2 TO FORMULATE THE GUIDELINES IN CONSONANCE WITH THE NOISE POLLUTION RULES, 2000 INSTEAD OF IMPOSING BLANKET BAN OVER THE PERMITTING THE USE DJ/SOUND SYSTEMS WITHOUT THERE BEING ANY SPECIFICATIONS BEFORE THE AUTHORITIES, AS PER ANNEXURE-G, H, J AND K DATD 28.07.2025 ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner claims to be an office bearer of All Karnataka Light, Music and Cultural Artists Association, which is a Society registered under the Societies Registration Act. - 3 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 2. The petitioner has filed the present petition being aggrieved by the notice, which has been issued by the Police Authorities under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. We may note the prayers made by the petitioner in the present petition, the same are set out below: "(a) Issue writ, order or directions in the nature of mandamus directing the Respondent No.1 or 2 to formulate the guidelines in consonance with the Noise Pollution Rules, 2000 instead of imposing blanket ban over the permitting the use DJ/sound systems without there being any specifications before the authorities, as per Annexure-G,H,J and K dated 28.07.2025; (b) Issue any other writ, order or directions which deems fit in the circumstances of the case in the interest of justice and equity." 4. Although the prayers suggest that ban has been imposed in terms of Annexures-G, H, J and K annexed to the present petition, we note that the said annexures are letters sent by the petitioner to the Police Authorities. 5. The learned counsel appearing for the petitioner submits that the petitioner and various artists are essentially aggrieved by the - 4 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 action of the Police Authorities in not permitting the use of DJ and sound systems. He submits that the blanket ban violates Article 19(1)(g) of the Constitution of India. It is also contended that there is an inconsistency in permitting manufacture and sale of DJ systems on one had and prohibiting the use on the other hand. 6. The learned counsel also submits that he did not have a copy of the Circular dated 14.08.2025, banning the use of DJs and sound system in his possession at the material time and thus could not file it along with the petition, He has, accordingly, handed over a memo enclosing the Circular dated 14.08.2025 issued by Joint Commissioner Police, West Bengaluru City. The subject in the said circular reads as "Regarding the matter of taking suitable protection measures during Gouri Ganesh and Eid Milad festivals". The Circular, essentially, sets out the procedures for taking protective measures during the ensuing festivals. 7. Paragraph 10 of the said circular is relevant and is set out below: "10. Processions to be held as per the directions issued under the Noise Pollution (Regulation of Control) Rules, 2000 under the Environmental Protection Act, 1986/ There shall not be any permission for the DJs." - 5 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 8. The petitioner is essentially seeking to challenge the decision of the Police Authorities to prohibit DJs in processions and public pandals. It is apparent from the above that there is no blanket ban against DJs or use of sound systems in the city. However, the Police Authorities have expressly prohibited DJs in processions and public gatherings during the festivals as mentioned above. 9. A plain reading of the circular indicates that it sets out the procedures for seeking permissions by volunteers and organizers for installing Ganesha idols in public places and setting up pandals, where a large gathering of public is expected. The circular also mandates that the volunteers shall make strategies for crowd control management. 10. The noise pollution norms have been set out in Rule 3(1) and 4(1) of the Noise Pollution (Regulation and Control) Rules, 2000. The said standards have also been reproduced in the Circular dated 10.05.2022 issued by the Government of Karnataka. We consider it apposite to set out the said standards. The same are reproduced below: - 6 - HC-KAR NC: 2025:KHC:33070-DB WP No. 23349 of 2025 Limits in dB (A) Leq Area Code Category of Area/Zone Day Time Night Time (A) Industrial Area 75 70 (B) Commercial Area 65 55 (C) Residential Area 55 45 (D) Silent Zone 50 40 11. The decibel levels in residential areas are required to be restricted to 55 decibels during daytime and 45 decibels at night time. It is difficult for this Court to accept that the use of sound systems in public places would be compliant with the said standards. 12. We find no infirmity with the circular restraining the use of DJs and sound systems in public gatherings. The Circular is in conformity to the noise pollution standards as set out in the Rules as well as the Circulars. Therefore, no interference with the impugned Circular is warranted. The petition is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 45