Bombay HC Issues Notice to Maharashtra Govt. on Police Crackdown Against Mosque Loudspeakers

In a significant development, the Bombay High Court has issued a notice to the Maharashtra state government and the Maharashtra Pollution Control Board (MPCB) following a petition filed by five mosques challenging the ongoing police crackdown on the use of loudspeakers at places of worship. The petitioners have raised concerns over what they claim to be arbitrary enforcement actions against mosques, which they argue disproportionately target the Muslim community’s places of worship, including mosques, dargahs, and other religious sites across Mumbai.

The matter came before a division bench of Justices Ravindra Ghuge and Milind Sathaye, who directed the police authorities to submit a reply along with relevant records. The court has scheduled the next hearing for July 9, 2025.

The petition, represented by senior advocate Yusuf Muchhala and advocate Mubin Solkar, specifically challenges notices issued to the mosques under the Noise Pollution (Regulation and Control) Rules, 2000. According to the petitioners, these notices fail to provide clear details about the alleged violations, such as the exact date, time, or measurement of decibel levels during the use of loudspeakers. 

Moreover, they argue that the notices have been used as a basis for heavy-handed actions, including arbitrary fines, the termination of licenses, non-renewal of permits, and, in some cases, the removal of loudspeakers without due process.

The petitioners have raised serious concerns that the actions of the police are being influenced by political interests, undermining the principles of fairness and neutrality in law enforcement. They argue that the azaan, the Islamic call to prayer, is an integral part of religious practice, and the use of loudspeakers to announce the prayer is essential in a densely populated city like Mumbai, where it ensures accessibility for worshippers. 

According to the petition, these actions threaten to infringe upon the fundamental rights of Muslims, particularly their right to freely practice their religion.

The petition seeks that the High Court not only set aside the notices issued to the mosques but also restrain the police from taking any coercive action, including the forcible removal of loudspeakers, without adhering to the legal procedure outlined under the law.

In a broader legal context, this case raises important questions about the balance between environmental regulations, religious freedoms, and the role of law enforcement in upholding both. The court’s ruling in the coming days could have significant implications for the interpretation and enforcement of noise pollution laws, especially in a multicultural and religiously diverse city like Mumbai.

The petitioners maintain that the use of loudspeakers within permissible limits of noise regulations cannot be curtailed, as it would infringe upon their right to practice their religion as guaranteed under the Constitution of India.