Allahabad High Court: The Division Bench of Vivek Kumar Birla and Vikas Budhwar, JJ., held that the law has been settled, that use of loudspeaker from mosque is not a fundamental right.
Petitioner’s Counsel filed the present petitioner for the following reliefs:
i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned rejection letter/order dated 03.12.2021 passed by respondent 3-S.D.M. Tehsil Bisauli, District Budaun, on application dated 20.08.2021 of the petitioner, (whereby permission has been rejected for playing loudspeaker/mike on the said mosque, at the time azan.
ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents 2 and 3 for granting permission to the petitioner for playing loudspeaker/mike on mosque (Noori Masjid) at the time of azan, situated at Village Dhoranpur, Tehsil Bisauli, District Budaun within stipulated period.
iii) Issue any other suitable writ, order or direction, as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.
iv) To award costs of the petition in favour of the petitioner.
Petitioner’s counsel contended that the order impugned was wholly illegal and violates the fundamental and legal rights of the petitioner to run loudspeaker from the mosque.
High Court observed that use of loudspeaker from the mosque is not a fundamental right and dismissed the petition.[Irfan v. State of U.P., Writ-C No. 12350 of 2022, decided on 4-5-2022]
Advocates before the Court:
Counsel for Petitioner:- Sachin Kumar Sharma
Counsel for Respondent:- C.S.C.