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Thanks to the intervention of the Delhi High Court following a plea filed by residents against unrelenting noise at Jantar Mantar,the hustle bustle at the Capitals protest street may soon be reined in in accordance to the law.
Finding favour with the PIL filed by the Dhawandeep Residents Welfare Association,a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna has ordered the authorities to make sure the protesters at Jantar Mantar while exercising their fundamental right of freedom of expression do not breach the rights of the residents living a stones throw away.
The court has also restricted the use of loudspeakers between 10 pm and 6 am and ordered the government authorities to make sure any violation is sternly dealt with.
The PIL,filed through advocate Sunil Dalal,highlighted the inconvenience caused to the residents of the society,located on Jantar Mantar Road.
The lives of the residents have become a virtual hell because of the tents/temporary shelters erected by the protesters,who bathe,sleep,cook and stay there for months together. The residents of the locality cannot sleep in the night and during the day because of continuous playing of loudspeakers, stated the petition.
Dalal further told the court that the residents were often stopped on their way to the society during the protests.
The residents over last year held several meetings with the Station House Officer of the Parliament Street police station,NDMC officials,the Members of Parliament and Legislative Assembly of the area,requesting them to clear the area,but in vain, read the PIL.
Contending that the fundamental right of the protesters was subject to constitutional and statutory restrictions under the law,Dalal said they have seriously infringed on the rights of the areas residents and others by causing a public nuisance,littering and illegally restraining residents from plying on Jantar Mantar Road.
Admitting the PIL,the bench issued notices to Additional Solicitor General A S Chandhiok,standing counsel for the Delhi government Najmi Waziri and NDMC counsel Anil Amrit and sought their responses in two weeks.
The Bench further took strong exception to the use of loudspeakers by the protesters,which was in violation of a Supreme Court ruling banning use of loudspeakers between 10 pm and 6 am.
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