38.6c New Delhi, India, Monday, May 27, 2024
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:



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 MP’s Plea against ‘Ban on Azaan’ Allahabad High Court to Hear Ghazipur MP’s Plea against ‘Ban on Azaan’

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

CBI failed to complete probe into Mathura’s 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay CBI failed to complete probe into Mathura’s 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay

NEW DELHI: The Allahabad High Court is scheduled to take up on Friday a plea filed by advocate Ashwini Kumar Upadhyay related to CBI probe into the infamous Jawahar Bagh incident of June 2, 2016, which the central investigating agency failed to complete even after 80 months of the order.

TRENDING NEWS

courts-this-week-law-street-journals-weekly-round-up-of-sc-and-hcs-may-20-may-25
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM
arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM

TOP STORIES

agarwal-family-plans-to-sell-haldiram-for-rs-71000-crores-as-next-generation-steps-back
Trending Business
Agarwal Family Plans to Sell Haldiram for Rs. 71,000 Crores as Next Generation Steps Back

The Agarwal family plans to sell Haldiram, valued at Rs. 71,000 crores, with a Blackstone-led consortium bidding. This marks India's largest private equity buyout.

21 May, 2024 03:32 PM
13-year-old-boy-booked-for-impregnating-15-year-old-sister-after-watching-porn-together
Trending Crime, Police And Law
13 Year old boy booked for impregnating 15 year old sister, after watching porn together

Minor siblings watch porn together brother rapes and impregnates sister. Police official probing the matter shared that the siblings tried to have sex for the first time in Dec 2023, but failed.

21 May, 2024 03:54 PM
replacing-colonial-era-codes-new-criminal-laws-to-come-into-effect-on-july-1
Trending Judiciary
“Replacing colonial-era codes,” new criminal laws to come into effect on July 1

“Replacing colonial-era codes,” the new criminal laws to come into effect on July 1. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) has been put on hold. Read the full article to know why.

21 May, 2024 04:57 PM
offences-under-section-354d-ipc-and-section-506-ipc-are-personal-to-parties-rules-supreme-court
Trending Judiciary
Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The Supreme Court quashed stalking and criminal intimidation charges to preserve marital ties, invoking Article 142, deeming the offences personal to the parties involved.

21 May, 2024 05:40 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email