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Synopsis

The Allahabad High Court recently dismissed a petition seeking permission to install loudspeakers on a mosque. The court emphasized that the use of loudspeakers cannot be claimed as an inherent right, especially when their use has the potential to disturb nearby residents.

The case was brought before a division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh. The petitioner, Mukhtiyar Ahmad, had approached the court requesting directions to state authorities to allow the installation of loudspeakers on a mosque. However, objections were raised regarding the maintainability of the writ petition. The state argued that the petitioner lacked locus standi as he was neither the mutawalli (caretaker) of the mosque nor its rightful representative.

The court found merit in the state's objection, observing that the petitioner had failed to establish any legal standing to file the petition. In its order, the bench underlined that places of worship are meant for offering prayers to the divine, and the use of loudspeakers at such locations cannot be considered a fundamental or enforceable right. Court also noted that the use of loudspeakers often creates a nuisance for residents in the surrounding areas, further strengthening its decision to reject the plea.

This decision comes amid ongoing debates across India about the use of loudspeakers at religious sites and their impact on public peace and tranquility. Several states have implemented regulations requiring prior permission for the use of loudspeakers, citing concerns about noise pollution and communal harmony.

In June 2022, the Karnataka High Court directed the state authorities to ban the use of loudspeakers/public address systems and other sound-producing instruments between 10 pm and 6 am.

Also, on May 4, 2022, the Allahabad High Court dismissed a plea moved against the order of the Sub-Divisional Magistrate of the the Ghazipur district denying permission to use loudspeakers during azan in a mosque. "The law has now been settled that use of loudspeaker from mosque is not a fundamental right," the court had then said. 

Case Title: Mukhtiyar Ahmad Vs State Of Up And 6 Others