Total ban on loudspeaker use from 10 p.m. to 6 a.m.

Wasantha RAMANAYAKE

The Supreme Court yesterday made several directions with regard to the sound amplification including a total ban on using amplifiers between 10 in the night until six in the morning and ordered the immediate cancellation of all the permits issued by the Police to use loudspeakers.

However, permits could be issued for special religious functions or events after 10 p.m. ascertaining the views of the residents in the vicinity.

“A record of such matters should be maintained and the grant of such permits shall be forthwith reported to the nearest magistrate,” the Court noted.

The Court made the directions in terms of the Article 126(4) of the Constitution as interim orders in a rights application filed five trustees of Kapuwatte Mohideen Jumma Mosque, Denipitya, Weligama complaining that the time limit imposed by the Police was hardly sufficient and that was in violation of their Fundamental rights.

The Court made these directions as interim orders until the new draft regulations with regard to the Community Noise Level Standards are approved by Parliament. The Environmental Ministry yesterday tendered the new draft regulations with regard to the noise pollution.

The directions were issued sequel to an application by the Environmental Foundation Ltd., a non-Governmental organisation, an intervenient respondent.

The intervenient-respondent moved for the strict implementations of these orders since there was an urgent need to safeguard the public form the harmful effects of the noise pollution.

The Court strictly implementing the provisions with regard to the Section 80(1) of the Police Ordinance ordered the Police to take prompt action for abatement of the noise emanating from the amplifiers, loud speakers or any other equipment causing annoyance to the public in the vicinity.

According to the order the Police could grant permits for the use of loudspeakers between 6 a.m. to 10 p.m. for a limited period of time for specific purposes subject to the strict condition that the noise emitted from amplifier should not extend beyond the precincts of the particular premises and the Police should ensure that conditions imposed are strictly complied with.

The Court also ordered the Police to make special arrangements to entertain the complaints of public against any person using loudspeakers, immediately conduct investigations and warn the offenders. If the offence is continued after warning, Police should detain the equipment and report the matter to the Registrar of the Supreme Court.

President’s Counsel Ikram Mohamed appeared for the petitioners.

Deputy Solicitor General Ms. Bimba Thilakarathna appeared for the respondents. Uditha Egalahewa appeared for the Environmental Foundation Limited. Senaka Weerarathne appeared for the intervenient-petitioner. The case will be mentioned on December 10.