Bombay high court seeks police reply after five mosques file petition against action on loudspeakers
Justices Ravindra Ghuge and Milind Sathaye directed that the police authorities file a reply along with relevant records and posted the next hearing for July 9. Senior advocate Yusuf Muchhala and advocate Mubin Solkar, representing the petitioners, argued that action was being taken only against mosques.
The petitions, filed through authorised representatives, expressed concern that worshippers were being affected by the police, who were allegedly targeting masjids, dargahs, and other places of worship within the Muslim community across Mumbai.
Notices regarding alleged violations of the Noise Pollution Rules, 2000, were issued without providing specifics of the date and time of the alleged violations or the measurement of decibels at the time.
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These notices were used as a basis for follow-up actions, such as imposing arbitrary fines, terminating existing licences, refusing to renew licences, and forcibly seizing or removing loudspeakers. The petition claimed that the police department was acting under the influence of vested political interests by issuing such arbitrary notices.
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The petition stated that the azaan is an important part of Islam and that the use of loudspeakers to call people for prayer is a necessity in Mumbai. It argued that this practice cannot be curtailed when performed within the prescribed limits of the rules, as it would violate the fundamental rights of Muslims.
The petition urged the HC to set aside the notices and restrain the police authorities from taking coercive action against the petitioners and their trustees, managers, or mutawalli, including the removal of loudspeakers without following the procedure prescribed by law.
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