Disposed

Sisir Kumar Das v. State of Odisha

Orissa HC3 Oct 2024WP(C)/8990/2024

Case brief

AI extract

What is this about?

Writ petition by a sound-system entrepreneurs' association challenging an SDM guideline banning DJ use in marriage processions. After the court obtained clarification that a Disc Jockey is a skilled entertainer, not merely a sound-emitting instrument, it set aside the ban point and remitted the guidelines for fresh consideration with hearing to the petitioner.

What the court decided

AI extract

Sisir Kumar Das Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

¶1

Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Oct-2024 15:10:26

¶2

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶3

W.P.(C). NO.8990 OF 2024

¶4

Sisir Kumar Das

¶5

…. Petitioner

¶6

Mr. Pratik Nayak, Advocate

¶7

-versus-

¶8

State of Odisha and others …. Opp. Parties

¶9

Mr. Swayambhu Mishra, Additional Standing Counsel

¶10

CORAM: JUSTICE K.R. MOHAPATRA ORDER

Order No.

03.10.2024

This matter is taken up through hybrid mode.

¶15

Petitioner in this writ petition seeks for a direction to set aside the order dated 31^st January, 2024 (Annexure-1) issued by the Sub-Divisional Magistrate, Jagatsinghpur vide Letter No.1122 providing certain guidelines in terms of Section 4(2) of the Odisha Fire Works and Loudspeaker Regulation Act, 1958.

¶16

Mr. Nayak, learned counsel for the Petitioner takes exception to Point No.2 of said guidelines, which reads as under:

¶17

“2. No DJ shall be used at the time of Marriage Procession . ”

¶18

It is his submission that DJ is an instrument called ‘Disc Jockey’. The Sub-Divisional Magistrate, Jagatsinghpur, while issuing conditions to be followed during marriage processions, misconstrued DJ to be an instrument emitting more than 65 db of sound. In support of his submission, he relies upon the case of Prasanta Kumar Das -v- State and others , reported in 2008 (I) OLR 976, wherein this Court has provided guidelines for use of loudspeakers in any procession. It is his submission that by restricting use of DJ in marriage processions, the authority has

¶19

Page 1 of 3

¶20

Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Oct-2024 15:10:26

¶21

jeopardized the livelihood of the members of Petitioner, which is a registered Association of the entrepreneurs providing sound system in various functions and processions. He, therefore, submits that such a restriction is contrary to law and should be struck down. It is his submission that in the case of Sachin Kashyap and others –v- Sushil Chandra Srivastava and others , in Civil Appeal No(s).2691 of 2021 along with batch of Civil Appeals disposed of on 15^th July, 2021, Hon’ble Supreme Court has depricated the total ban on the use of DJ in processions. It is stated inter alia that limitations can be imposed on use of DJ in accordance with law, but there cannot be any total ban on use of DJ.

¶22

The matter was heard on several occasions. Taking into consideration the submission made by learned counsel for the parties, this Court directed to explain the term DJ (Disc Jockey) in scientific term. Accordingly, the Sub-Collector, Jagatsinghpur vide his Letter No.16429 dated 27^th September, 2024 after consulting Biju Pattanaik Film & Television Institute of Odisha, Cuttack instructed learned State Counsel that Disc Jockey (DJ) is a Skilled Entertainer who plays pre-recorded music using vinyl records, CDs or digital files to entertain audience, typically gathered in parties, clubs and festivals etc., where people dance according to the music.

¶23

In view of such instruction provided by the Sub-Collector, Jagatsinghpur, this Court feels that the matter requires fresh consideration. Accordingly, this Court sets aside the Point No.2 of Letter No.1122 dated 31^st January, 2024 issued to the SubDivisional Magistrate, Jagatsinghpur providing complete ban on use of DJ at the marriage processions and remits the matter for

¶24

Page 2 of 3

¶25

Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Oct-2024 15:10:26

¶26

fresh consideration by Sub-Divisional Magistrate, Jagatsinghpur on issuance of guidelines for use of sound systems and instruments in accordance with law keeping in mind the ratio decided in the aforesaid case laws and providing an opportunity of hearing to the Petitioner.

¶27