Python uses '#' as start of comment, generally these
lines can (should) be ignored by python compiler but ..
deprecation warnings are issued when comment contains
non ascii letters - ord(ch) not in range 0-127

can we disable it in this situation ?

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I don't think we should change this. The encoding is
something that affects the whole file not just the
executable part of it. When a file that claims to be ASCII
contains bytes > 0x7f there's something fishy going on, no
matter where these bytes are.

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I agree with doerwalter. If the file is in ascii, then it
should be in ascii... even comments. If it's not in ascii,
that's fine, but it needs to be marked as to what encoding
it IS in. I don't happen to know of any encodings in which
certain bytes with the high bit set indicate newlines, but
imagine that there were one. The newline marks the end of
the comment, so it makes a syntactic difference in the
program... we must be able to recognize newlines in order to
parse the file. And if we don't know the encoding, then how
can we possibly recognize newlines?

I propose rejecting the patch.

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+1, this request is not in line with the source code
encoding PEP.
Rejecting the request.

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Rejecting, as per lemburg.