38.6c New Delhi, India, Saturday, August 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

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

By Harshvardhan Sharma      22 January, 2020 12:01 PM      0 Comments

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 division bench held that Article 25 does not grant an absolute right and should be read with Article 19 (1) (a)of the Constitution for a better understanding of the provision.

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers. 

In its verdict, the court seemed inclined towards preventing noise pollution which adversely affects human health. An example has been set by the Allahabad High Court as entertaining any petition on violation of  a fundamental right should be dealt with proper scrutiny, as people with ill ideas and poor understanding of the law try to mislead the court and disturb the peace.

[Read Judgment]

Author: Aarya Mishra



Share this article:

About:

Advocate Harshvardhan Sharma, founder and Editor-in-Chief of LawStreet Journal, is an award-winning ...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

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

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC

"Explore former Justice SN Srivastava's statement on the minority status in India, as he discusses the evolving dynamics of religious and cultural representation in the country.

TRENDING NEWS

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM

TOP STORIES

sc-dismisses-plea-against-quashing-fir-in-case-of-suicide
Trending Judiciary
SC dismisses plea against quashing FIR in case of suicide of then MP Mohan Delkar

SC dismisses plea against quashing of FIR in ex-MP Mohan Delkar suicide case; Bombay HC’s 2022 order stands, no interference by Supreme Court.

18 August, 2025 12:21 PM
no-automatic-arrest-on-rejection-of-anticipatory-bail-supreme-court
Trending Judiciary
No Automatic Arrest on Rejection of Anticipatory Bail: Supreme Court [Read Order]

SC clarifies that rejection of anticipatory bail doesn’t mean automatic arrest; custody depends on investigation, conduct, and case facts.

18 August, 2025 12:27 PM
court-holds-surgeon-guilty-of-indulging-in-black-magic-during-hearing-sentenced-till-rising-of-court
Trending Judiciary
Court holds Surgeon guilty of indulging in black magic during hearing; sentenced till rising of court [Read Order]

Delhi court convicts surgeon for disrupting proceedings with ‘black magic’; sentenced till rising of court with ₹2,000 fine after apology.

18 August, 2025 12:40 PM
want-bravehearts-to-be-in-forces-sc-for-giving-insurance-cover-to-cadets-discharged-during-military-training
Trending Judiciary
'Want bravehearts to be in forces,' SC for giving insurance cover to cadets discharged during military training

SC seeks insurance cover, rehab and higher aid for cadets injured during military training, stressing need to support bravehearts joining armed forces.

18 August, 2025 04:00 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email