Kerala High Court
Chairman, Guruvayur Devaswom Managing ... vs Superintendent Of Police, Thrissur And ... on 19 November, 1997
Equivalent citations: AIR1998KER122, AIR 1998 KERALA 122, ILR(KER) 1998 (1) KER 839 (1997) 2 KER LJ 689, (1997) 2 KER LJ 689
JUDGMENT Sankarasubban, J.
1. This writ appeal is filed by the Chairman of the Guruvayur Devaswom Managing Committee, Guruvayur. He was the petitioner in O.P. No. 19147 of 1996.
2. The Guruvayur Temple attracts many devotees and pilgrims throughout the year. The crowd of devotees is so much that the temple authorities have always to keep a watch to see that discipline is maintained in and around the premises of the temple. During the course of the year, a large number of festivals are also being conducted in the temple. It attracts not only the devotees from Kerala, but from all over India. During the Sabarimala season, approximately from the month of November to the end of January, there is a continuous flow of devotees. The temple authorities have an upheaval task of controlling the crowd and also issuing directions to pilgrims with respect to the darshan in the temple.
3. As per the decision of the Managing Committee, loudspeakers were installed in the temple premises. Through these loudspeakers, everyday in the early morning, devotional songs were being transmitted. Further, inside the temple premises, some loudspeakers were installed in order to give directions to the pilgrims as well as to the members of the Devaswom staff. The crowd is always so large that instructions will have to be issued as to how the devotees should conduct themselves in the temple premises. One may also hear the announcements of missing children. Over and above these, during festival season as well as Sabarimala season, the authorities used to instal loudspeakers in a radius of nearly 1 kilometer from the temple. This is because, the crowd will not only be present in the temple premises but they will be spread over the above area. This necessitated the installation of loudspeakers as stated earlier in a radius of about 1 kilometer. These loudspeakers were horn-type loudspeakers. We are told that the Devaswom has been following this system for a large number of years. During the month of November 1996, respondents-police officers in the State directed the Managing Committee to remove the horn-type speakers. Otherwise the Committee was threatened that the loudspeakers will be removed by them. Apprehending such removal, the petitioner approached this Court by filing O.P. No. 19147 of 1996. The prayer in the original petition was for a writ of mandamus or other appropriate order or direction restraining the respondents from removing the loudspeakers fixed at Guruvayur Sree Krishna Temple and around the temple during the Sabarimala festival season and to render such other orders as this Court may deem fit and necessary.
4. A statement was filed on behalf of the first respondent in the original petition. The statement revealed that horn-type loudspeakers are being made use of in the Guruvayur Temple. According to the statement, this type of loudspeakers caused irreparable damage to the ears and that these loudspeakers were installed without obtaining sanction from any competent authority. The statement further stated that a complaint was received from the District Secretary of Sound Service Association of Kerala on 21-11-1996 requesting for taking action against the Devaswom for using the horn-type mikes outside the Sree Krishna Temple. Enquiries were made and it was revealed that reflex-type horns were made use of from East Nada to Manjulal and from other sides of the temple. The statement further relies on a circular issued under the Police Act banning the use of horn-type loudspeakers. It also relied on two decisions of this Court. The learned single Judge, after hearing the parties, dismissed the original petition by judgment dated 13th December, 1996. The learned single Judge relied on a judgment of this Court in O.P. No. 9560 of 1988. That judgment gives five directions. The second direction is as follows :--
"In temples, churches and mosques also, box type sound amplifier alone should be permitted. The use must be adjusted in such a way that sound will not go beyond the boundary of their premises. The call for prayer (Azan) in the mosque is only of one minute's duration and as such this restriction may be relaxed in that case."
The learned Judge took note of the fact that following this a circular was issued under Section 18 of the Police Act by which instructions have been given banning the use of horn-type loudspeakers. It is against the above judgment that the present writ appeal has been filed.
5. When the matter came up for hearing earlier, we were informed that Guruvayur Devaswom had approached the Kerala State Pollution Control Board to get expert opinion regarding the use of horn-type loudspeakers. After inspection, the Kerala State Pollution Control Board has filed a report. The Kerala State Pollution Control Board has been impleaded as a party in this case. The report is as follows :--
he Devaswom is using the PA system for broadcasting devotional song and announcements. The devotional song (Narayaneeyam) is broadcast, every day from 2.30 hrs. to 4.30 hrs. The audibility of the devotional song is limited within the temple area and it is serving the purpose of a wake-up call for devotees who have to attend morning pooja.
Other than broadcasting the devotional songs the PA system is used only for very essential announcements about missing persons, lost wallets etc. Such announcements are infrequent. During Sabarimala season there will be announcements regarding missing persons or lost wallets etc. and additionally there will be repeat broadcasts, in different languages of announcements meant to guide devotee from outside the State. These announcements will continue into the night hours as long as there is arrival of fresh batches of pilgrims. According to Devaswom authorities, during the Sabarimala season they hire additional loudspeakers (horn-type) from outside agencies. These loudspeakers will be placed in the open, by the road side, at about 3 m above ground level. This expanded coverage is provided for a period of about two months ending with the Makara Vilakku. The net work will then be extending up to KSRTC, Municipal and Tourist bus stands. There has been no complaint by devotees against noise from loudspeakers. The final report filed by the Board was very specific to Guruvayur and was based on field observations. The use of horn-type loudspeaker is preferable for public announcements and speeches, especially in open areas, for the following reasons :
A cone-type loudspeaker (otherwise known as box-type loudspeaker) is able to faithfully reproduce sound in a very wide range of frequencies. In other words it can reproduce very shrill (high frequency) to very high bass (low frequency) sounds. The efficiency of a horn-type loudspeaker, on the other hand, is limited to human speech frequencies. Therefore a horn-type loudspeaker is more preferable for human speech amplification.
Box-type loudspeakers are not suitable for prolonged use in the open as they do not withstand the vagaries of nature. The horn-type speakers are rugged in construction and are therefore better suited for outside use. Horn-type loudspeaker is more directional and therefore the sound can be better focused towards the intended audience.
Cone/Box-type loudspeakers are suitable for use in areas such as music/conference halls or theatres where the audibility can be restricted to a confined area or audience and where we require faithful reproduction of a wide range of frequencies."
The only restriction stated is that these loudspeakers should be maintained at a height of 3 meters above the ground level. Thus from the above reports, it is clear that there will be no noise pollution in using the horn-type loudspeakers so far as Guruvayur Temple premises is concerned. The judgment in O.P. No. 9560 of 1988 was concerned with the use of all types of loudspeakers. Further, we do not find any data or reason stated in that judgment on the basis of which the restrictions are imposed. In the nature of the above facts, we are not able to accept the judgment in O.P. No. 9560 of 1988 so far as the facts of this case are concerned.
In the result, the Guruvayur Devaswom is allowed to use horn-type amplifiers in and around the Sreekrishna Temple premises as required by them. If any permission is needed from the police authorities, the police authorities are directed, to give sanction to the Managing Committee to erect the horn-type loudspeakers. Writ appeal is disposed of as above.