PIL Seeking Ban On Using Of Loud-Speakers In Mosques: Gujarat High Court Issues Notice To State Govt

The Gujarat High Court today issued notice to the Gujarat Government on a Public Interest Litigation (PIL) plea seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques all over the State.

The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri issued the notice on a plea moved by one Dharmendra Vishnubhai Prajapati, a doctor who is running his clinic in Gandhinagar district.

The plea avers that in the Gandhinagar district, the members of the Muslim community offer prayers in the Mosques while using the loudspeaker and this causes great inconvenience and disturbance to the nearby residents.

The petitioner has submitted that because of the present situation of COVID, the persons are restricted to move around, as a result of which, persons from community persons are not coming for payer at the said Mosque, however, they are using loudspeaker at the time of prayer, which affects a large number of the people.

Further, the petitioner has also referred to the May 2020 ruling of the Allahabad High Court wherein the Court had held that Azan is certainly an essential and integral part of Islam but the use of microphone and loud-speakers is not an essential and an integral part thereof.

The plea also states that the petitioner had made written complaint to the state authorities, however, no action was taken by them and therefore, the plea avers, the petitioner was constrained to move the High Court. 

Seeking appropriate orders and directions in the interest of justice, the petitioner has averred thus:

"It is submitted that as stated above, there are total five prayers to be performed in the mosque at different time starting from morning to night i.e. from 05:00 a.m., 11:00 a.m., 02:00 p.m., 07:00 p.m. and 09:00 p.m. and while doing prayer, they use loudspeaker, which causes great inconvenience and disturbance to nearby residents. It is submitted that the sound of said loudspeaker."

Against this backdrop, the plea lastly submits that the sound of the loudspeaker is very hectic and intolerable for the public at large, which causes many severe mental illnesses, physical problems to old aged persons and including small children and it will also affects the work efficiency for the public at large and in short, it is not good for health.

Issuing the notice, the court has made it returnable for March 10.

Case title - Dharmendra Vishnubhai Prajapati v. The State of Gujarat & Ors