As the sound carries over long distances, the notice describes the problem as “symptomatic of a city-wide failure of enforcement.” (Photo | ANI)
Bengaluru

Notice alleges failure to curb midnight firecrackers in Bengaluru

The notice says residents across the city, including the sick, elderly, infants and working people, are affected by disrupted sleep, with consequences for their health and productivity.

Bansy Kalappa

BENGALURU: A legal notice served on the city's top police officials has alleged a failure to enforce noise regulations, with loud firecrackers and explosives disrupting residents' sleep almost every night in Lingarajapuram and neighbouring localities.

The notice, issued on behalf of M. G. Devasahayam, (85) retired senior IAS officer, has been addressed to Commissioner of Police Seemanth Kumar Singh, Banaswadi Station House Officer Sudarshan, and Director General and Inspector General of Police Dr M. A. Saleem.

It alleges that burstings typically begin around 10 pm and continue past midnight, sometimes until dawn. As the sound carries over long distances, the notice describes the problem as “symptomatic of a city-wide failure of enforcement.”

The notice cites the Supreme Court's 2005 judgment in In Re: Noise Pollution (V), which imposed a complete ban on sound-emitting firecrackers between 10.00 pm and 6.00 am. The Noise Pollution (Regulation and Control) Rules, 2000, and a Karnataka government circular dated May 10, 2022, also reiterate the prohibition and direct the police to enforce it.

Devasahayam first complained by email to the police commissioner on August 12, copying senior officials. Chief Secretary Shalini Rajneesh forwarded the complaint for action twice, on August 12 and September 1. Reminders and WhatsApp messages followed through September and October, many of which went unanswered, according to the notice.

After the retired senior IAS officer cited the Supreme Court's directions on September 28, the station house officer and two assistant sub-inspectors visited his home and assured him that the offenders would be identified and stringent action would be taken. However, the situation worsened, the notice alleges.

The notice alleged on the night of October 3, loud bombs were burst continuously from around 10.30 pm until 6.00 am the following morning. On the night of October 24-25, blasts continued intermittently from 11.00 pm until about 5.00 am.

The notice states that the noise, smoke and fumes have aggravated Devasahayam's respiratory ailments, leaving him with severe headaches, hypertension and anxiety.

Popular actress and former MP Ramya, also known as Divya Spandana, has also voiced her anger over loud crackers near the Palace Grounds in north Bengaluru. In a post on X, she lamented the discomfort and pain caused by firecrackers exploding at 3.00 am.

The notice says residents across the city, including the sick, elderly, infants and working people, are affected by disrupted sleep, with consequences for their health and productivity.

It demands strict nightly enforcement of noise regulations across Bengaluru within three days, written directions to all deputy commissioners of police, assistant commissioners of police and station house officers, identification of offenders and registration of FIRs wherever offences are made out.

It also seeks regular Hoysala night patrols, action against the illegal sale and storage of firecrackers, appointment of a designated officer at Banaswadi Police Station, an inquiry into the alleged lapses and a written Action Taken Report.

If the authorities fail to comply, Devasahayam has said he will approach the Karnataka High Court under Article 226, seeking a writ of mandamus and compensation. He has also threatened to move the Supreme Court over alleged wilful disobedience of its directions, besides approaching the Karnataka State Human Rights Commission and the Pollution Control Board.

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