LAHORE: It was a plain order for Punjab police to stop misuse of loudspeaker and arrest the violators but they were not told or they did know that a new law has been introduced for the purpose and they were to act under it.

The result was that police did arrest violators mainly from places of worship (mosques) and released them either after warnings or under a previous law.

The cases taken to courts too were not dealt with according to the new law.

The result was negative in many instances. The reason found was the ignorance of police and the subordinate judiciary about the law. And they are now being told to read it first before going after the violators.

The Punjab government promulgated the Punjab Sound Systems (Regulation) Ordinance, 2015 on Jan 9 this year to clarify in which cases and how loudspeakers can be used and to which extent, also specifying enhanced fine and jail term for the violators. The law declared that which offence under the new law is congnizable and non-bailable, and the trial will be summary.

The ordinance was a part of the set of laws which the government is introducing to pounce down upon terrorists, and in the meantime, it ordered police to spring into action against the violators. The order was express but the law was foreign to a majority of enforcers.

They did apprehend the violators but dealt them with their known sternness or under the Punjab Regulation of Loudspeakers and Sound Amplifiers Ordinance, 1965 (II of 1965). SHOs released the violators themselves on bail under this law without knowing that it had been repealed in view of the new ordinance.

Sources said some courts also ignored that the cases under the law were to be tried summarily bypassing lengthy procedure of routine trial. And the offence was non-bailable.

According to information gathered from reliable sources, police registered 1,183 FIRs this month, submitting 53 cases to the trial courts. Out of them, only four have been decided punishing three violators in Bhakkar and one in Dera Ghazi Khan.

Sources said that taking notice of the fault on the enforcement and punishment side, the Punjab government ordered the prosecution department to brief police on the new law in simplest terms. Meetings were being held with DPOs and SHOs all over the province.

Similarly, sources said, district and sessions judges too were being requested to ask magistrates to follow the new law.

Sources nevertheless said that police were yet to teach that only one sound system was allowed at a place including a place of worship and they were required to confiscate the extra.

Similarly, they were also required to understand that everyone was required to follow the law which was also applicable on public meetings.

Published in Dawn, January 30th, 2015

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