Has State removed loudspeakers from mosques? Calcutta High Court asks

The Calcutta High Court on Thursday asked the State government whether it has taken any action to remove loudspeakers from mosques in West Bengal.

A Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee posed the question in a public interest litigation (PIL) challenging alleged police instructions asking various religious establishments to remove loudspeakers from their premises.

"Please apprise us if any sort of activity has been done by State or not," the Court told Advocate General (AG) Surajit Nath Mitra.

Mitra then sought time to take instructions and asked the Court to list the matter next week. The matter will be heard next on August 18.

The PIL filed by lawyer Danish Farooqui challenged "blanket verbal directions" issued by police in Hooghly and other districts to various places of worship, including mosques and temples, to remove loudspeakers installed on their premises.

"The Respondent police officials, without any written order, notification, or legal sanction, and without conducting any exercise to measure the decibel levels of the sound emanating from these loudspeakers to ascertain any violation of the Noise Pollution (Regulation and Control) Rules, 2000, are coercing the management of these religious institutions to comply with their unlawful diktats," the plea said.

Farooqui argued that 'azaan' (the call to prayer) is an integral and essential part of the Islamic faith, protected under Article 25 of the Constitution of India and such blanket ban is a direct infringement of this fundamental right.

Senior Advocate Kalyan Bandyopadhyay, representing Farooqui, said that police pressurised mosque managements and caused removal of loudspeakers from about 4000 mosques without any formal notice.

"This has now become practice that now written order is not served," he said.

Bandopadhyay said law is settled that loudspeakers can be used in conformity with permissible decibel levels. He urged the Court to allow use of loudspeakers in accordance with norms and earlier court orders.

However, the Court said it would have to examine the State's stand on the petitioner's claims before considering passing of any interim order.

In response, AG Mitra said the petition was liable to be dismissed with costs. He said the petition filed by a lawyer does not disclose source of the alleged directions.

"Can the court proceed on this. Not a single name," Mitra said.

Mitra added that the petition did not specify any mosque where loudspeakers were removed.

However, the Court asked whether police had taken any such action at all. Mitra responded that the petitioner has to first establish his case that some officer had visited a mosque for removal of loudspeakers.

"Not a single imam has come forward. Who is saying? The petitioner is saying 'I have come to know'. Some responsibility has to be taken," the AG said.

The Court acknowledged the argument. However, it asked the AG to respond to the allegations.

"Is this your contention that this is absolutely false," Justice Chakraborty said.

Mitra said he would have to seek instructions from the relevant authorities to answer the query.

Additional Advocate General Billwadal Bhattacharyya also appeared in the matter.