Use of loudspeakers in mosques not a fundamental right: Allahabad High Court

The Allahabad high court also said that delivering azaan is an “integral part of Islam, but giving it through loudspeakers is not a part of Islam.”

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New Delhi: The Allahabad High Court on Friday (May 6) dismissed a petition that sought the installation of loudspeakers in a mosque, saying it is "not a fundamental right", ANI reported. 

As per the news agency, a division bench of the high court also said that delivering azaan is an “integral part of Islam, but giving it through loudspeakers is not a part of Islam.” 

The division bench comprising Justice Vivek Kumar Birla and Justice Vikas said, "The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Ever otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed.” 

A petition was filed by one Irfan of Budaun, that challenged the order issued by the Bisauli Sub-Divisional Magistrate (SDM) of Badaun district on December 3, 2021, and sought permission to play azaan using loudspeakers in the Noori Masjid.

Earlier, the Badaun SDM had refused permission to install a loudspeaker at Noori Masjid in Dhoranpur village for azaan, IANS reported. 

The petitioner said in his plea that the SDM's order was "illegal" and that it "violates fundamental rights and legal rights".

Amid the row over the use of loudspeakers in mosques in states including Maharashtra and Uttar Pradesh, Chief Minister Yogi Adityanath recently directed that the sound from loudspeakers at religious places should not be heard outside the premises, adding that no new permits will be issued for loudspeakers.

Following this, the volume of loudspeakers at 17,000 religious places including mosques and temples in UP was lowered to the standards set for all the religious places. 

(With agency inputs)