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Religious Places Are For Offering Prayers, Loudspeaker Use Not A Right As It Often Causes Nuisance To Residents: Allahabad HC
Sparsh Upadhyay
23 Jan 2025 2:05 PM
The Allahabad High Court recently observed that religious places are primarily for offering prayers to the divinity, and thus, the use of loudspeakers cannot be claimed as a matter of right, especially when such use often creates a nuisance for the residents. A bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed this while dismissing a writ plea moved by...
The Allahabad High Court recently observed that religious places are primarily for offering prayers to the divinity, and thus, the use of loudspeakers cannot be claimed as a matter of right, especially when such use often creates a nuisance for the residents.
A bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed this while dismissing a writ plea moved by one Mukhtiyar Ahmad seeking a direction from the state authorities to permit the installation of loudspeakers on a Masjid.
At the outset, the counsel for the state objected to the maintainability of the writ petition on the grounds that the petitioner is neither mutwalli nor the Masjid belongs to him.
Finding substance in the state's objection, the Court noted that the petitioner did not have locus to file the writ petition.
The Court further emphasised that since religious places are for offering prayers to the divinity, the use of loudspeakers cannot be claimed as a matter of right. The writ petition was accordingly dismissed.
It may be noted that in May 2022, the High Court observed that the law has now been settled that using loudspeakers from mosques is not a fundamental right.
It may be noted that in May 2020, holding that the recital of Azan is an integral part of the Islamic religion, the Allahabad High Court had allowed the Muezzins of various mosques in the state to recite the Azan, even amid lockdown.
However, the court has made strict observations against the use of microphones for the same.
"Azan is certainly an essential and integral part of Islam but use of microphone and loud-speakers is not an essential and an integral part thereof...Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic- Covid19," a bench of Justices Shashi Kant Gupta and Ajit Kumar has held.
Read more about the Allahabad HC's Judgment here: Allahabad HC Allows Recital OF Azan By Muezzin From Minarets Of Mosques Amid Lockdown Without Microphones
Importantly, in 2022, the Allahabad High Court dismissed a contempt plea filed regarding the usage of loudspeakers in the Temple and Mosque while observing that the same is a sponsored litigation intended to affect the communal harmony of the State, keeping in mind the State Elections.
Case title - Mukhtiyar Ahmad vs. State Of Up And 6 Others 2025 LiveLaw (AB) 27
Case citation: 2025 LiveLaw (AB) 27