The Supreme Court of India has stayed a directive issued by the National Green Tribunal (NGT), which limited the number of Dhol, Tasha, and Zanj performers during the Ganapati Visarjan procession in Pune.
The NGT’s order, dated August 30, sought to cap the number of performers in each troupe to 30, to control noise levels during the Ganeshotsav celebrations.
A Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, passed the stay order on Thursday.
The Court’s observation highlighted the cultural significance of the festival in Pune, remarking, “(NGT) Directions will affect the ones who play Dhol, Tasha during Ganesh festival. There shall be stay on the direction number 4 by the NGT. Let them do their Dhol, Tasha. This is in the heart of Pune.”
The NGT Directive and the Legal Challenge
The NGT’s Western Zonal Bench in Pune had earlier issued several directives on August 30, aimed at implementing noise control measures during the festivities.
One of the key directives empowered Pune police to seize Dhol, Tasha, or Zanj instruments if the number of performers in a troupe exceeded 30 members.
However, this directive was challenged by the Yuva Vadya Pathak Trust, which filed a petition in the Supreme Court through advocate Amit Pai.
The trust argued that the NGT’s order was issued without any proper inquiry or scientific analysis and that it would significantly impact the traditional performances during Ganesh Visarjan.
The plea, drafted by advocate Siddharth Chapalgaonkar, emphasized that Ganeshotsav is a major cultural event, with the Visarjan procession scheduled for September 17.
The trust urged the Court to take urgent action, warning that the NGT’s restrictions would cause significant harm to traditional Dhol Pathaks if not stayed.
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Supreme Court’s Stay Order
Taking note of the urgent nature of the matter, the Supreme Court granted a stay on the NGT’s direction limiting the number of performers.
This move was welcomed by the petitioners and the larger Pune community, as it preserves the long-standing tradition of Dhol, Tasha, and Zanj performances during the iconic Ganapati Visarjan procession.
The Supreme Court’s decision ensures that the Ganesh Visarjan, a vital part of Pune’s cultural identity, can proceed without disruption from restrictive caps on traditional performers.
Party Names and Bench Details
- Case Name: Yuva Vadya Pathak Trust v Dr Kalyani Mandke and Ors.
- Bench Composition: Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
- Petitioner’s Advocate: Amit Pai
- Plea Drafted By: Advocate Siddharth Chapalgaonkar