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12. The freedom of speech and expression of a citizen should not be interfered with save and except in accordance with the provisions of Article 19(2) of the Constitution. It is a matter to consider whether the public are captive audience or listeners when permission is given for using loud-speakers in public and the person who is otherwise unwilling to bear the sound and/or the music or the communication made by the loud-speakers, but he is compelled to tolerate all these things against his will and health. If permission is granted to use microphones at a louder voice, such a course of action takes away the rights of a citizen to speak with others, the right to read or the right to know and the right to sleep and rest or to think any matter. Can it be said that a person and/or an organization simply applying a permission and after obtaining permission is entitled to display loud-speakers from local authorities? Does it concern simply a law and order situation? Does it not generate sound pollution? Does it not affect the other known rights of a citizen? Even if a citizen is ill and even if such a sound may create adverse effect on his physical and mental condition, yet he is made a captive audience to listen.

27. Any provision of law authorising the police and/or the administration to grant permission for using of loud-speaker cannot be absolute, uncontrolled and independent of constitutional rights. All laws in this behalf are subject to the provisions of Article 19 of the Constitution as there cannot be any law which may interfere with, abridge or take away the right as guaranteed under Article 19(1)(a) of the Constitution save and except the provisions laid down in Article 19(2) of the Constitution. Use of loud-speaker cannot be said to be a reasonable restriction on the freedom of speech and expression. Even Article 25 of the Constitution grants freedom of conscience and expression. Freedom of conscience is followed up by the right to free profess, practice and propagation of religion. Use of loud-speaker emanates noise which is not only a nuisance, but also a pollution. In United Kingdom for the purpose of controlling noise it is mandatory to keep a register in accordance with the regulations which is known as 'Control of Noise (Measurement and Register) Regulation, 1976 and that the said register must be open to free public inspection at the public office of the authorities at all reasonable hours and with all reasonable facilities for obtaining copies of entries at a reasonable charge. There is a specific Act known as 'Control and Pollution Act, 1974'.

If a loud-speaker is in or fixed to a vehicle is operated solely for entertaining or communicating to the driver or passenger of the vehicle or for giving warning to other traffic and so operated without causing any annoyance to any person of the vicinity;

For communicating with persons on a vessel for the purpose of directing them movement of that or any other vessel;

If the loud-speaker forms part of a public telephone system; so far as use of microphones and/or loud-speakers by any religious organisation or at any religious place or for the use of religious communication it should also be used solely for the purpose of communication the speeches and/or religious teachings and/ or tenets to the persons who have attended such functions and so operated has not to give reasonable cause for annoyance to any person in the vicinity.

31. Before granting any permission the purpose of use of microphones and/or loud-speakers and the area where such machines would be fitted, the police authorities will inspect and seal the noise level in that particular microphones apparatus so that on no occasion the noise level exceeds the fixed and registered noise level. A noise level register should be maintained by the West Bengal Pollution Control Board under the control and supervision of the Member-Secretary. The Member-Secretary of the West Bengal Pollution Control Board or any other person authorised by him is given liberty to enter in any place with the help of police for the purpose of ascertaining whether the noise level has exceeded the registered noise level fixed by the said Noise Control Board, and if it is found that there any contravention, the police will immediately seize and confiscate such loud-speakers and start necessary case for causing nuisance and/or annoyance in accordance with the provisions of law so that the offenders may not go unpunished. All concerned authorities including the State Government and officers must remember that this restriction of noise level is necessary in the interest of public health and is a matter not to be ignored inasmuch as ultimately this unregulated noise will cause a threat to the life and health of the people of the State and it is the duty of the State to preserve and protect the liberty of thought and expression and/or freedom of speech and expression as guaranteed under Article 19(1)(a) of the Constitution of India and by indiscrimination and unregulated use of microphones people of the vicinity cannot be kept as mere captive listeners and their rights cannot be forcibly suspended by any people or organisation simply on the basis of administrative order obtained from the public authority by indiscriminate use of microphones or loud-speakers. It should be the endeavour of the State Government to preserve and protect fundamental rights of citizens, otherwise the said fundamental right as guaranteed under Article 19(1)(a) of the Constitution will become a more lip service to the people. These conditions and restrictions should be imposed rigorously throughout the State and within a period of two months from the date of communication of this order and the Member-Secretary of the West Bengal Pollution Control Board shall submit a report to this Court about the compliance and steps taken in the matter in respect of aforesaid order. The writ petition is thus disposed of with the mandatory directions.