The division bench of Justices S A Bobade and Mridula Bhatkar was hearing a petition filed by a family of lawyers which alleged that members of a laughter club called 'Sheetal Jogging Association' gathered daily just outside their residence in suburban Kurla and laughed loudly, causing mental agony, pain and nuisance.
"Nobody is asking people to stop laughing. Laughing is not a crime or an offence. It's just that they cannot do it in front of someone else's house creating nuisance. Even laughter can disturb people sometimes," Justice Bobade said.
The court was today informed by the police that notice was sent to some members of the club asking them not to create nuisance in public and a survey was also conducted in the area where most people said they were not disturbed by laughter.
To this Justice Bobade said, "Others might not get disturbed but the petitioner is getting disturbed as they are laughing right under his house. The petitioner cannot change his house for this. You (police) can ask the laughter club to go elsewhere and laugh."
Advocate Veena Thadani, appearing for the petitioner, informed the court that there was a garden nearby where the club could shift.
The court while directing the police to solve the problem immediately suggested that the club members should go to the garden every morning to laugh.
"Such matters have to be handled differently by the police as laughing is not a specific offence under law," the court observed posting the matter for hearing on July 6.
According to the petition, every morning members of the club assemble at Sheetal Talao and sing bhajans and clap loudly.
"This is followed by loud and vigorous spells of laughter. They laugh at the top of their voices, every member encourages others to laugh to their heart's content," the petition, filed by 78-year-old Vinayak Shirsat, his son Shreeram and his daughter-in-law Deepti, said.
