Calcutta HC asks Bengal govt to clarify action on alleged mosque loudspeaker removals

The Calcutta High Court on Thursday (August 13) asked the West Bengal government whether it has taken any action regarding removing loudspeakers from mosques in the state.

Court seeks state’s response

The question was posed to the state government by the Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee during the hearing of a PIL against the alleged instructions by police asking several religious establishments to remove loudspeakers from their premises.

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"Please apprise us if any sort of activity has been done by State or not," the High Court asked Advocate General Surajit Nath Mitra, who sought time to seeks instruction and urged the Bench to list the matter next week, reported the Bar and Bench.

PIL challenges alleged police directions

The PIL filed by Danish Farooqui challenged alleged "blanket verbal directions" by police in Hooghly and other districts to several places of worship, including temples and mosques, to remove loudspeakers.

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"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,” stated the plea.

Elaborating further, the petitioner argued that 'azaan' (the call to prayer) is an integral part of Islam, protected under Article 25 of the Constitution, adding that such a blanket ban was a direct infringement of that fundamental right.

Claim of widespread removal

Appearing for the petitioner, senior advocate Kalyan Bandyopadhyay argued that mosque managements were being pressurised by police, which led to the removal of loudspeakers from about 4000 mosques without any formal notice being served.

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"This has now become practice that now written order is not served," he added. He argued that as per law loudspeakers can be used within permissible decibel levels and urged the court to permit the use of loudspeakers as per norms and earlier court orders.

State opposes PIL

However, the Bench said that it needs to look into the state government’s stand on the matter before it can consider passing any interim order.

The AG opposed the PIL, stating that it should be dismissed with costs as it does not disclose the source of the alleged directions. He further stated that the petition has also not specified any mosque where loudspeakers were removed.

When the High Court asked whether the police had taken any such action, the AG responded, stating "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 PIL will come up for hearing again on August 18.