P.
A. Jacob v. The Superintendent of Police, Kotta Yani AIR 1993 Ker.
1
Here,
claiming a fundamental right to used a loud speaker at public meetings
to voice his views, petitioner sought to restrain respondents from interfering
with the use of a loud speaker by him.
The
main issue for contention was whether the Constitution guarantees a right
to use a sound amplifying device or whether use of such a device is part
of the right to freedom of speech guaranteed under Art. 19 (1)(a).
The
Court held that Operation of mechanical sound amplifying
devices conflicts with quite enjoyment of men and park. But freedom of
speech does not involve freedom to used sound amplifiers to drown out
natural speech of others. Further, while the petitioner has a right to
express his views, he has no right to force his message upon an audience
declining to receive it. Freedom guaranteed is freedom of expression of
ideas, not freedom of expression of ideas, not freedom of modes of expression.
Thus, compulsory exposure of unwilling person to dangerous and disastrous
levels of noise amounts to infringement of their right to life under Art.
21 of constitution of India.
Finally
the court held that while petitioner has no fundamental right to use a
loud speaker, he can avail of the amenity of using a loud speaker in reasonable
manner. The out put from the loud speaker shall not exceed the range necessary
to reach the audience, it exceeded police will be free to stop the use
of loud speakers.
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