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Synopsis

A senior citizen has filed a plea before the Bombay High Court against the noise pollution caused by 19 Mosques and Shamianas/Pandals used by slum dwellers.

The plea, filed through Advocate Prerak Chaudri by Mahendra Sapre, a retired marine engineer, highlighted that Sapre is a senior citizen suffering from high blood pressure and other cardiovascular issues. It also stated that Sapre has three stents in his heart and is a patient with chronic blood pressure.

The plea explained that the noise pollution is caused in silent zone where Sapre resides by music systems used in shamianas and temporary structures built near the Wadala railway track and slums located in Bangalipura.

During the hearing last week, the division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne inquired whether the petition was against a particular religion.

Advocate Prerak Chaudhri responded that most of the noise pollution due to the demography of the petitioner's residence came from a particular religion. Still, the petitioner would welcome high court orders that impose similar rules against all religious festivals, he told.

The plea argued that Sapre's fundamental right to live in a wholesome and non-polluted environment under Article 21 was being violated due to such noise pollution.

Sapre also contended that loudspeakers deployed in mosques are not necessary for the practice, propagation, and professing of the Islamic faith. As per Sapre, loudspeakers are neither an essential part of Islam nor a part of the Islamic tradition.

The high court listed the matter for hearing on June 12, stating that it would list the petition with other PILs filed concerning noise pollution.

The plea stated that the word loudspeaker is not found in Quran or any other Holy Hadith.

“The Petitioner submits that the use of loudspeakers is nothing but an addition on the part of the mosques to the Islamic faith and the Petitioner submits that the word 'loudspeaker' or 'any such word' is not found anywhere either in the Holy Quran or in any of the original hadiths. In fact, loudspeakers are not an integral part of any religion,” the plea read.

The petitioner in its plea stated that several complaints and representations were made to the authorities for the noise pollution caused but no action was taken.

Sapre further stated that he had done extensive research and found that even Saudi Arabia has stopped such use of loudspeakers.

“The Petitioner states that he has made extensive research and he has even found that loudspeakers are restricted even in Saudi Arabia where Islam is the State religion. Therefore, there is absolutely no doubt that the use of loudspeakers is not necessary for practicing the faith of Islam. Further, it may not be irrelevant to record here that prior to Independence, loudspeakers were considered illegal even as per their own Fatwas of the Muslim community,” the plea stated.

Sapre has sought direction from the high court for removal of such loudspeakers from the mosques and on the land occupied by the slum dwellers. 

Case Title: Mahendra Sapre vs State of Maharashtra & Ors.