Gujarat High Court Issues Notice to State Government on PIL Ban on Loudspeakers in Mosques

(Judicial Quest News Network)

The Gujarat High Court on Tuesday issued notices to the state government and others on PIL seeking a ban on the use of loudspeakers for call to prayers in mosques across the Gujarat.

The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri issued the notice on plea moved by one Dharmendra Vishnu Bhai Prajapati, a doctor who is running his clinic in Gandhinagar district. The PIL is filed through the Advocate Dharmesh C Gurjar

The notices were issued to Gandhinagar District Collector and the Gujarat Pollution Control Board (GPCB).

The plea avers that in the Gandhinagar district, the members of the Muslim Community offer prayers in the Mosques while using the loudspeaker and this causes great inconvenience and disturbance to the nearby residence.

In fact, for performing prayer for Muslim community, Mosques are being there including in Sector – 5C of Gandhinagar district and in the said Mosque, persons of Muslim community were coming for prayer at different time starting from morning to night i.e. from 05:00 a.m., 11:00 a.m., 02:00 p.m., 07:00 p.m. and 09:00 p.m. and while doing prayer, they use loud speaker, which causes great inconvenience and disturbance to nearby residents.

It is further submitted that due to the COVID-19 the persons are restricted to move around as a result of which, persons from community are not coming for prayer at the said Mosque, however, they are using loudspeakers at the time of prayer, which affects a large number of the people. The reliance was place on a Judgement of Allahabad High Court. The court’s observation came on a batch of petitions challenging the Uttar Pradesh government’s orders restricting the use of loudspeakers for azaan during the lockdown to contain the spread of the coronavirus.

The petitioner submits that as stated above, since long for the prayers, the persons of Muslim community are using loudspeaker, which caused great disturbance to public at large and, hence after gathering certain information, the petitioner has made

The petitioner further submits that has he also made written complaint to the authorities.

1. It is submitted that as stated above, sound of the loudspeaker is very hectic and intolerable for public at large, which causes many severe mental illness, physical problem to old aged persons and including small children and it will also affect the work efficiency for public at large and in short, it is not good for health. Hence, appropriate orders and directions may be issued in the interest of justice.
2. The Court asked the petitioner about the noise pollution in weddings due to the band instruments, the petitioner said that unlike the use of loudspeakers in Mosques which happens every day five times a wedding ceremony takes place only once in a lifetime of a person.
3. The petitioner further said that why the people don’t believe in Islam have to listen to such noise pollution by mosque? Even when there is restrictions in use of loudspeakers during Ganapati festival, then why the same cannot be applied in cases of mosques.
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5. The High Court issued the notice which is returnable for March 10,2022