The Allahabad High Court while dismissing the petition said that use of loudspeakers from mosques is not a fundamental right.
The Division Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar passed this order while hearing a petition filed by Irfan.
Counsel for the petitioner has filed the petition for 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 no 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 respondent no 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 the 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.
Counsel for the petitioner sought to argue that the order impugned is wholly illegal and violates the fundamental and legal rights of the petitioner to run loudspeaker from the mosque.
The Court said that the law has now been settled that use of loudspeakers from mosques is not a fundamental right. Even otherwise a cogent reason has been assigned in the impugned order.
Accordingly, the Court found that the petition is patently misconceived, hence the same is dismissed.