Supreme Court Stays NGT Direction To Limit Total Number Of Dhol+Tasha+Zanj Members In Each Troupe During Ganpati Visarjan by 30 in Pune

Today (September 12, 2024), the Supreme Court (SC) of India stayed the direction issued by the NGT (National Green Tribunal) bench to the Pune Police ‘to ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan Procession shall not exceed 30 in number’. The three-judge bench of the SC constituting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the matter today after an urgent mentioning was made by the appellant noting that the matter required early attention as the visarjan is scheduled to happen on September 17 (Tuesday). While passing the order, the CJI said “Let them do their dhol tasha, it's in the heart of Pune!” During the proceedings, Advocate Amit Pai who appeared for the appellant contended that the Ganesh festival has a deep cultural significance for Pune. Further, he added that the appellants are not aggrieved by any other directions issued by the NGT on August 30 for controlling noise pollution during the Ganesh Chaturthi celebrations. He also said, “...the direction will seriously affect the troupes who engage in dhol-tasha-zanj work during the Ganapati festival and the order has been passed without hearing a representative section.” The directions issued by the NGT bench are listed as follows:

1. “MPCB (Maharashtra Pollution Control Board) to carry out real time noise monitoring at minimum 3 locations in/near each Ganapati Pendal; 
2. During Visarjan processions MPCB shall carry out real time noise monitoring at major traffic junctions in consultation with Police Department, along with installing appropriately sized digital display system to reflect real time noise pollutions; 
3. Police department in consultation with MPCB shall decide Total Capacity of loud speakers (say maximum 100 W) allowed in the case of each Ganesh Mandal based on location, considering nearness to school/hospital/residential complexes;
4. Police department to ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan Procession shall not exceed 30 in number; 
5. In the case of violation of above directions, Police shall seize; 
6. Police to notify that use of Toll (metallic high noise making unit) & DJ in Visarjan procession is prohibited. In the case of violation, Police shall proceed in accordance with law against the defaulter/s;
7. In instances of violation of Noise Rules, Police shall set criminal law into motion; 
8. Within seven days of Visarjan day, MPCB shall publish the names of the violators of Noise Rules, 2000, in two local newspapers and also shall upload details of such cases on its website to ensure that such information is accessible to public use for 90 days; 
9. MPCB to give wide publicity to the above directions in advance before the Ganesh festival in Pune's newspapers/banners/posters.”

After hearing the matter, the Supreme Court bench stayed the NGT direction to limit the number of Dhol+Tasha+Zanj members in each troupe during the Visarjan Procession by 30. The order reads, “Till the next date of listing, there shall be a stay of operative direction (IV) in the impugned order dated 30 August 2024 of paragraph 27…: ‘Police department to ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan Procession shall not exceed 30 in number.’ List the Civil Appeal on 4 October 2024.”