How could curbs on late night music violate pub owners\' fundamental right, asks HC
HYDERABAD: The Telangana High Court asked pub owners and managements how their fundamental rights were being violated by the curbs on playing music after 10 pm in their establishments.
When the Supreme Court in 2005 had ruled that no loudspeaker or music system can be played between 10 pm and 6 am, other than during public emergencies, how can the High Court overrule it, asked Justice Kanneganti Lalitha.
Justice Lalitha was dealing with petitions requesting the authorities to control pubs running in residential areas in Jubilee Hills and a batch of implead petitions filed by pub owners requesting modification of the recent orders.
Senior counsel Chandrasen Reddy arguing for the implead petitioners pointed out that cinema theaters function playing loud sound till 2 am. He submitted that the city was divided into silent, residential, commercial and industrial zones. In the silent and residential zones, the sound should not exceed 10 decibels at night.
“Our clients are running pubs in commercial zones and they have invested a lot of money by paying hefty fee. Now, with the curbs, the footfall has reduced. In other states, pubs are running without curbs,” senior counsel said.
Chandrasen Reddy submitted that the pubs had soundproofed their premises so that no sound left the premises.
The judge refused to modify the orders and directed counsel for the petitioners — residents of Jubilee Hills — to implead the HMDA and the Pollution Control Board so as to ascertain the rules on zones and to assess the sound leaving the pubs.
