Lawstreet Journal

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Lawstreet Journal 22 Jan 2020 5:31pm

Image courtesy: Lawstreet Journal Judiciary "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Recently, the Allahabad High Court in a verdict dated January 9, 2020 denied the permission to install loudspeakers to two mosques thereby upholding an order of the Jaunpur district administration regarding the same issue. The court observed that no one can claim a fundamental right to create noise while the petitioners allegedly argued that the loudspeakers come under the ambit of essential religious practices under Islam as the population is vast and therefore there is a grave need to call people to the mosques to offer their prayer.

A Division Bench comprising Justices Pankaj Mithal and VC Dixit was hearing the matter concerning permission to install loudspeakers by two mosques in villages Shahganj and Baddopur of Uttar Pradesh.

The court observed, “It becomes quite evident that the petitioners have been refused permission to use sound amplifying system at the mosque not only for the inherent reason of noise pollution but in order to maintain peace and tranquility in the area.”

The Lucknow Bench in 2018 under the Noise Pollution (Regulation and Control) Rules, 2000 had ordered the removal of all loudspeakers as they were installed without permission at several religious places. As per Rule 5 of these rules no installation of loudspeakers, amplifiers or other sound producing or amplifying instruments can take place unless the prior permission of the concerned authority has been taken.

Hence the aggrieved party approached the Allahabad High Court in alleged violation of their fundamental right under Article 25 of the Constitution of India, 1949. However the… Continue Reading...


Tagged: Allahabad High Court  
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