Punjab-Haryana High Court
Dharamjit Singh vs Ghanshyam Thori And Ors on 24 February, 2026
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
COCP-1168-2022 (O&M) -1-
105
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
COCP-1168-2022 (O&M)
Date of Decision: 24.02.2026
Dharamjit Singh ......Petitioner
Vs.
Ghanshyam Thori and others ......Respondents
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present : Mr. Dharamjit Singh, petitioner in person (through VC) and
Mr. Amardeep Tiwana, Advocate,
for the petitioner.
Mr. Animesh Sharma, Addl. Advocate General, Punjab,
for the respondents.
****
SUDEEPTI SHARMA J. (ORAL)
1. The present contempt petition has been filed for deliberate and intentional disobedience of judgment dated 18.07.2005 passed by Hon'ble the Supreme Court in Writ Petition (Civil) No.72 of 1998, judgment dated 01.05.2012 passed the Division Bench of this Court in CWP-4794-2011 and judgment dated 22.07.2019 passed by the Division Bench of this Court in CWP-6213-2016 and other connected cases, whereby this writ petition was disposed of with the following directions:-
"28. Accordingly, the writ petitions are disposed of with the following mandatory directions:-
i) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -2-
Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 10dB(A) peripheral noise level.
ii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that the loudspeaker, public address system, musical instrument and sound amplifier are not played during night time except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000.
iii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that loud speakers or public address systems are not used between 10.00 p.m. to 6.00 a.m., except between 10.00 p.m. to 12.00 midnight during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year, that too, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area. The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A). The authority concerned shall keep on visiting and monitoring at the public places, private places, auditoriums, conference rooms, community halls, banquet halls, temples, mosques and Gurudwaras to ensure due compliance of the Rules.
iv) We direct all the Senior Superintendents of Police/ Superintendents of Police in the States of Punjab, Haryana and Union Territory, Chandigarh to ensure that no horn shall be blown in silence zone or during the night time between 10.00 p.m. to 06.00 a.m. in residential areas except during public emergency. No sound emitting construction equipments shall be used or operated during the night time between 10.00 p.m. to 06.00 a.m. in residential areas or silence zone. m. The pressure horns are banned throughout the States of Punjab, Haryana and Union Territory, Chandigarh. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.
v) All the Senior Superintendents of Police/ Superintendents of Police and Deputy Superintendent of VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -3- Police in the States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that motorcycles throughout the States of Punjab, Haryana and Union Territory, Chandigarh are duly fitted with silencers to avoid noise pollution and menace.
vi) No person, throughout the States of Punjab, Hayana and Union Territory, Chandigarh, shall carry any fire-arm to a fair, religious procession/ marriage procession or other public assemblage or within the campus or precincts of any educational institution.
vii) The Licensing Authorities are also directed to ensure that no licence is issued to any person, who has not completed the age of 21 years.
viii) No licence shall be issued to a person who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [any term] at any time during a period of five years.
ix) No licence shall be issued to a person who has been ordered to execute under Chapter VIII of the [code of Criminal Procedure, 1973 (2 of 1974)], a bond for keeping the peace or for good behaviour, during the term of the bond.
x) The Director General of Police in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no songs are played glorifying the liquor, wine, drugs and violence in any song even in live shows.
xi) The States of Punjab, Haryana and Union Territory, Chandigarh are also directed that no child below the age of 12 years is permitted to enter cinema halls/ multiplexes, where "A" certificate films are screened.
xii) The District Administration is directed to ensure that nude posters, semi-nude posters, obscene posters should not be fixed/ displayed in any district near the educational institutions in the States of Punjab, Haryana and Union Territory, Chandigarh.
xiii) The Deputy Commissioners in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no loudspeakers are permitted 15 days before the annual examinations and during the course of examinations.
VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this documentCOCP-1168-2022 (O&M) -4-
xiv) The recommendations made by the Committee constituted by this Court are ordered to be implemented in letter and spirit for proper enforcement of law.
xv) The District Magistrates/ Senior Superintendents of Police/ Superintendents of Police of each district shall be personally responsible to ensure due compliance of the directions issued hereinabove."
2. In compliance of the aforesaid orders, report by way of affidavit dated 04.10.2024 of Pardeep Kumar, Tehsildar Nakodar, District Jalandhar, along with Annexures R-1 and R-2; and report by way of affidavit dated 09.08.2024 of Dr. Himanshu Aggarwal, Deputy Commissioner, Jalandhar, along with Annexures R-1/1 to R-1/5, have been filed on behalf of the respondents before the Registry. The same are taken on record.
3. The relevant extracts of the aforesaid report dated 04.10.2024 are reproduced as under:-
"XXX XXX XXX XXX
4. That in this regard the Deputy Commissioner, Jalandhar and the Sub Divisional Magistrate, Nakodar had issued necessary directions to the then Tehsildar, Nakodar for making compliance of above orders dated 13.05.2024 of this Hon'ble Court. In this regard the Naib Tehsildar, Nakodar alongwith staff had reached at the spot at village Khurshedpur, tehsil Nakodar on 30.05.2024 and the Parbandhak Committee of Gurudwara sahib of village Khurshedpur, tehsil Nakodar had removed both the speakers of Gurudwara Sahib installed at the roof of Gurdwara in the presence of Tehsildar, Nakodar and other persons present at the spot including Smt Rajwinder Kaur wife of Sh Dharamjit Singh, petitioner. Thereafter the then Sub Divisional Magistrate, Nakodar had also visited the Gurudwara Sahib of village Khurshaidpur on 1/7/2024 in the presence of petitioner, Granthi of Gurudwara Sahib as well as all the committee members of Gurudwara Parbhandak Committee and found that the speakers on the roof of Gurdwara have been removed. In this regard an undertaking was also given by the Granthi of Gurudwara Sahib and the committee members and Head Granthi Gurudwara Shri Guru Gobgind VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -5- Singh Ji village Khurshaidpur that they have been complying with the orders of this Hon'ble Court and will comply in future also and that they shall be liable if the noise of speakers goes beyond the four walls of Gurudwara Sahib. Thereafter, the then Sub Divisional Magistrate, Nakodar had filed an affidavit before this Hon'ble Court and this Hon'ble Court had passed an order dated 14.08.2024 which reads as under:-
"Report by way of short affidavit of Gursimran Singh Dhillon, Sub Divisional Magistrate, Nakodar, District Jalandhar has been filed on behalf of respondent No.2, the same is taken on record.
List on 11.09.2024.
In case, the compliance report is not filed before the next date of hearing, the Officer concerned shall remain present in Court and would be liable to pay costs of Rs.50,000/- to the petitioner from his own pocket.
To be shown in the urgent list."
5. That it is also submitted that the petitioner had also filed counter affidavit dated 08.09.2024 in this contempt petition and this Hon'ble Court has been pleased to pass an order dated 11.09.2024, which reads as under:-
"Rejoinder filed on behalf of the petitioner in Court today, is taken on record. A copy thereof has been supplied to learned State counsel, who prays for a week's time to verify the facts.
Adjourned to 19.09.2024.
In this regard it is submitted that the petitioner vide his above rejoinder has admitted that though the loud speakers on the roof of Gurdwara have been removed, but alleged that the sound system installed in the Gurudwara has not been removed and further alleged that the directions issued specially vide Para 28 (iii) of the order dated 22.07.2019 of this Hon'ble High Court are not being complied with by the respondent No.6 as well as the management and the Gurdwara. The petitioner has also stated therein that as per the directions contained at Para 28 (iii) as well as the undertaking by the Gurdwara Committee, the loudspeakers or the public address system cannot be allowed between 10.00 pm to 6.00 am and further the noise pollution should not exceed 10 DB (a) above the ambient noise standard of the area and further the peripheral noise level should not exceed by more than 5 DB (A) of the boundary of the private place. The petitioner has alleged that even after the removal of the loudspeakers in the Gurdwara, the respondent No. 6 and the management of the Gurdwara are keeping on VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -6- playing the sound speakers/sound system installed in the Gurdwara and its voice is exceeding far more than 10 DB and 5 DB at the boundary and touching more than 70 db (A) in the morning and in the evening.
6. That in this regard it is submitted that thereafter the Deputy Commissioner, Jalandhar had issued directions to the then Sub Divisional Magistrate, Nakodar for making immediate compliance of the above orders dated 11.09.2024 of this Hon'ble Court in view the directions of this Hon'ble High Court vide its order dated 22.07.2019 passed in CWP No: 6213 of 2016. In this regard the then Sub Divisional Magistrate, Nakodar had issued directions to the Tehsildar, Nakodar and Naib Tehsildar, Nakodar to immediately visit the spot alongwith revenue staff as well as the authorities Pollution Control Board and police department for making compliance of above order dated 11.09.2024 of this Hon'ble Court in view of the directions contained in above order dated 22.07.2019 of this Hon'ble high Court. In this regard the Naib Tehsildar, Nakodar in compliance with above orders has visited the spot at village Khurshaidpur, tehsil Nakodar District Jalandhar on 12.09.2024 alongwith the revenue officials, SDO, Pollution Control Board and authorities of police department, where the petitioner also came present. In this regard it is submitted that the speakers installed at the ground floor of Gurdwara Shri Guru Gobind Singh Sabha were removed on 12.09.2024 in the presence of Sh Gurdip Singh, Naib Tehsildar, Nakodar, Sh Varinderjit Singh, S.D.O., Pollution Control Board, Kulwinder Singh Sub Inspector and Pushpinder Singh, H.C., Ramandip Kaur L.H.C., Committee member Kashmir Singh, President, Shaukin Singh, Vice President, Bhajan singh, Cashier, Kuldip Raj, member, Nambardar Pavitar Singh and Dharamjit Singh son of Partap singh, petitioner. it was also assured by the committee members of Gurdwara Shri Gobind Singh Sabha that they will comply with the directions contained in the order dated 22.07.2019 passed by Hon'ble Punjab and Haryana High Court in CWP No. 6213 of 2019 titled "Reet Mohinder Singh Virk Vs State of Punjab and others" and will not violate the same.
7. That in this regard it is submitted that the deponent for making compliance of above orders dated 19.09.2024 of this Hon'ble Court and to verify the position at the spot has visited the spot on 26.09.2024 alongwith Varinderjit Singh S.D.E. from the Punjab Pollution Control Board, Jalandhar, Harpreet Singh, Scientist Pollution Board, respectable of the village and Sh Pavitar Singh, Lambardar of the village. The petitioner as VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -7- well as the committee members of the Gurdwara Sahib village Khurshaidpur also remained present there. In this regard it is necessary to submit that the house of the petitioner as well as the Gurdwara Sahib are located on the main peripheral road i.e. village Phirni having considerable traffic movement. The authorities of the Punjab Pollution Control Board, Jalandhar carried out the monitoring at the gate of Gurudwara Sahib, gate of the house of the petitioner house and gate of the house located opposite side to the Gurdwara Sahib, while the music system was not in operation as well as in operation at its full volume. The petitioner was very much present there when the volume was increased to the highest level from the music system's controls and he agreed that that this was the full volume level. It has revealed to the authorities of the Pollution Board that that there was only contribution of 1.6 db (A) by the music system at the gate of Gurdwara. It has further revealed to them that the system had no impact in the ambient noise level at the house of the complainant and it was found that the nose levels at the gate of petitioner's house varied a lot due to vehicular movement on the main road of the village. In this regard the report a report has been made by the Environmental Engineer, Punjab Pollution Control Board, Regional Officer-I, Jalandhar containing the detail of noise level at different places vide its letter No. 27.09.2024 to the Sub Divisional Magistrate, Nakodar, distt. Jalandhar. Its copy is attached as " Annexure R/1". Besides, the Committee members and the Parbandhak Committee of Gurudwara sahib of village Khurshedpur, tehsil Nakodar has also been directed by the deponent to comply with the directions issued by this Hon'ble High Court vide its order dated 22.07.2019 passed in CWP No: 6213 of 2019 and to play the music system's within the time period allowed by this Hon'ble High. It is further submitted that some photographs were taken at the spot during the above proceedings and their copies are attached as "Annexure R2".
8. That keeping in view of the report dated 27.09.2024 of the Environmental Engineer, Punjab Pollution Control Board, Jalandhar to the effect that contribution of noise to the extent of only 1.6 db (A) has been found by the music system at the Gate of Gurdwara Sahib, whereas the system has no impact in the ambient noise level at the house of the petitioner, it is submitted that the orders dated 22.07.2019 passed by the Hon'ble Division Bench of this Court in CP No.6213 of 2016 in the case of 'Reet Mohinder Singh Virk vs. State of Punjab & Ors./ have been complied with. It is further submitted that loudspeakers VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document COCP-1168-2022 (O&M) -8- from the Gurudwara Sahib have since been removed and the noise from Gurudwara Sahib is not exceeding 10 decimal."
4. In view of the above, since judgment dated 18.07.2005 passed by Hon'ble the Supreme Court in Writ Petition (Civil) No.72 of 1998, judgment dated 01.05.2012 passed the Division Bench of this Court in CWP-4794-2011 and judgment dated 22.07.2019 passed by the Division Bench of this Court in CWP-6213-2016 and other connected cases, have been complied with, therefore, the present contempt is purged and rule stands discharged.
5. Pending application(s), if any, also stand disposed of.
(SUDEEPTI SHARMA) JUDGE 24.02.2026 Virender Whether speaking/non-speaking : Yes Whether reportable : Yes/No VIRENDRA SINGH ADHIKARI 2026.03.05 19:35 I attest to the accuracy and integrity of this document