Noise pollution directions can’t be used to regulate online content: HC

The Punjab and Haryana High Court has held that the scope of its earlier directions on curbing noise pollution could not be stretched to regulate online content, while dismissing a contempt petition seeking action against alleged failure to prevent playing of songs glorifying liquor, drugs and violence.

“It is a well-settled principle that the contempt jurisdiction is quasi-criminal; consequently, the standard of proof is high and presumptions cannot substitute proof. Further, it is trite law that contempt is not a vehicle to expand or re-write an order or to conduct a roving enquiry into generalised non-compliance,” Justice Sudeepti Sharma observed.

The petition was filed by an advocate in person for alleged wilful disobedience of a July 22, 2019, Division Bench judgment by the then Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu. The petitioner contended that songs glorifying drugs, liquor and violence were still being played at marriage functions, clubs, discotheques and other public events, besides being freely available on online platforms despite the order.

After hearing him and going through the case file, Justice Sharma asserted: “A careful and contextual reading of the directions reveals that the Division Bench was primarily addressing the menace of noise pollution and ensuring enforcement of the Noise Pollution (Regulation and Control) Rules, 2000, and related cognate provisions. The directions regulate the use of loudspeakers, public-address systems and sound-amplifying devices in physical spaces and lay down temporal restrictions, cast monitoring and enforcement obligations on the State machinery.”

Justice Sharma added that the present petition was deficient on foundational facts. “No specific instance has been pleaded such as the date, venue, event or the identity of the persons or authorities where the directions extracted above were violated”. The court also

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