HC refuses to quash administration's order denying permission to use loudspeaker for 'azan'

No one can claim that it is their fundamental right to create noise, the Allahabad High Court has observed while declining to quash an order of Jaunpur district administration which refused permission to use the loudspeaker for 'azan' in two mosques.

A bench comprising justices Pankaj Mithal and V C Dixit dismissed a petition filed by Masroor Ahmad of Jaunpur against the June 12, 2019 order by a sub-divisional magistrate (SDM) refusing permission for use of amplifiers and loudspeakers in two mosques of Baddopur and Shahganj villages for azan (call of prayers).

The bench, after going through the SDM's order, said, "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 tranquillity in the area."

The petitioner had contended that the order should be quashed so that they are able to offer prayers in accordance with their religion.

Giving reference of a Supreme Court judgment, the court said that no one claim fundamental right to create noise by amplifying sound.

"It is a cardinal principle of an exercise of equitable jurisdiction that the High Court in such exercise should maintain social balance by interfering where necessary, refusing where it is against social interest and public good."

The court raised the issue of noise pollution and lamented the ignorance of the general public in this regard.

"People in India do not realise that noise in itself is a sort of pollution. They are not even fully conscious about its ill-effect on health, though some concern is being shown to it in recent past," the court said in its order passed earlier this month.

Dismissing the petition, the court said, "It is not the case of the petitioner in the entire writ petition that the installation of such sound equipment is not likely to cause any tension in the locality between the two groups and that law and order situation does not demand such refusal of permission."

The petitioner had said he had moved an application seeking permission to use loudspeakers in two mosques and on March 7, 2019, Circle Officer, Shahganj did a spot inspection.

The CO had stated in its report that there was a mixed population of Hindus and Muslims in the areas near the mosques and if any party is allowed to use sound amplifiers, tension between the two groups could flare up disturbing the peace in the area.

On June 12, 2019, the SDM of Shahganj denied "permission/renewal of the license to use amplifiers and loudspeakers in the two mosques on the grounds that such use of sound equipment is likely to cause animosity between the two religious groups of the village creating law and order situation as the area had mixed population".