‘Illegal’ loudspeakers at religious places: Bombay High Court to hear contempt plea on June 14 – The Indian Express

The contempt petitioner Santosh Shrikrishna Pachalag first approached the high court in 2014, seeking directions and order for the removal of loudspeakers illegally installed on certain mosques in Navi Mumbai. In August 2016, a bench led by Justice Abhay S Oka (currently a Supreme Court judge) passed orders in a clutch of pleas, including that of Pachlag, observing that no religion or sect could claim that the right to use a loudspeaker or a public address system was a fundamental right conferred by Article 25 (Right to freedom of conscience and free profession, practice and propagation of religion) of the Constitution. The court had then passed orders directing the strict implementation of the Noise Pollution (Regulations and Control) Rules, 2000.

On Tuesday, Pachlag mentioned his 2018 contempt plea before a division bench of Justice A A Sayed and Justice Abhay Ahuja, which refused to hear it and posted it for further hearing after the summer vacation on June 14.

In his plea filed in 2018, Pachlag had referred to an RTI reply which included information provided by the Maharashtra Police and stated that it was “shocking” as 2,490 religious institutions, such as temples, mosques/dargahs, churches, gurudwaras and Buddha vihars, had illegally installed loudspeakers without taking permission as required under the law. Pachlag had said that the state of affairs is in clear violation of directions contained under the August 2016 order of the Bombay High Court.

He said that the violation of law was causing disturbance, annoyance to the public at large, specifically old and sick people, students, infants as well as birds and animals and causing heavy noise pollution. The respondent authorities are liable for punishment under the provisions of the Contempt of Courts Act, 1971, he said.

The high court judgement of August 2016 read: “We hold that all places of worship of all religions are bound by the provisions of the Noise Pollution Rules and no religion or sect can claim fundamental right of using loud­speakers or public address systems or instruments creating noise as a part of right conferred by Articles 19(1)(a) (Right to freedom of speech and expression) and 25 of the Constitution of India.”

It went on to note, “Thus, we hold that all places of worship of all religions shall scrupulously follow the provisions of the Noise Pollution Rules and no such place of worship is entitled to use loudspeakers or public address systems without obtaining permission under Sub­Rule (1) of Rule 5. Needless to add that in case a place of worship is in a silence zone, the law laid down by this Court which is applicable to silence zones shall squarely apply to such places.”

The court had also referred to submissions in one of the PILs before it about the use of loudspeakers on mosques for the purpose of “Azan,” which it said is a “call given to attend prayers from minaret of a mosque.” The PIL had claimed that muslim religion does not permit use of loudspeakers for Azan.

“We may note here that loud­speakers are being installed not only on mosques but on the places of worship of some other religions as well. Use of loudspeakers is being prominently made for celebrating Ganapati, Navratri, Dahi Handi and other Hindu festivals and processions…” the court had said.

It had added, ” …The right to speech under 19(1)(g) implies the right to silence. It implies freedom not to listen, and not to be forced to listen. The right comprehends freedom to be free from what one desires to be free from. There is a fundamental right to the citizens to protect themselves against forced audiences.”