{"id":266548,"date":"2022-05-07T09:00:00","date_gmt":"2022-05-07T03:30:00","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=266548"},"modified":"2022-05-07T09:54:16","modified_gmt":"2022-05-07T04:24:16","slug":"use-of-loudspeaker-in-mosque-is-not-a-fundamental-right-allahabad-high-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/05\/07\/use-of-loudspeaker-in-mosque-is-not-a-fundamental-right-allahabad-high-court\/","title":{"rendered":"Use of loudspeaker in mosque is not a fundamental right: All HC"},"content":{"rendered":"

Allahabad High Court:\u00a0<\/strong>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.<\/span><\/p>\n

Petitioner’s Counsel filed the present petitioner for the following reliefs:<\/p>\n

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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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

iv) To award costs of the petition in favour of the petitioner.<\/p>\n

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.<\/p>\n

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]<\/span><\/p>\n

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Advocates before the Court:<\/strong><\/p>\n

Counsel for Petitioner:- Sachin Kumar Sharma<\/p>\n

Counsel for Respondent:- C.S.C.<\/p>\n

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Read more here:<\/span><\/h3>\n

All HC | Re-installing of amplifiers and loudspeakers for “Azaan” — denied; Arts. 19(1)(a) and 25 of the Constitution have to be read together<\/a><\/p><\/blockquote>\n