Uttarakhand High Court Asks Dehradun DM To Address Litigant's Complaint Against Mosque Loudspeaker Noise Level

While disposing of a contempt plea, the Uttarakhand High Court asked Dehradun's District Magistrate to look into the concerns raised by a litigant–in case he moves a representation–on the use of loudspeakers in a mosque in the city which he claimed had allegedly exceeded the ambient noise standards specified for the area.

A single judge bench of Justice Manoj Kumar Tiwari was hearing a civil contempt petition moved by Pan Singh Rawat–the petitioner, against the inaction of the District Administration to comply with the high court's March 31, 2023 order where the authorities were directed to "examine" the petitioner's grievance in terms of an August 10, 2020 order (passed in a separate PIL).

The high court had in its March 2023 order further directed the authorities to conduct surprise checks of the Mosque in question at least on "10 occasions at different times of the day and record the decibel level and the sound emanating from there". The findings of the surprise checks were directed to be placed on record along with their reply. 

The petitioner further referred to an August 10, 2020 decision of a coordinate single judge bench in a 2015 PIL where the high court had directed State Government to ensure that "no loudspeaker or public-address system shall be used by any person including religious bodies in Temples, Mosques, and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed by more than 5dB(A) peripheral noise level above the ambient noise standards specified for the area in which it is used at the boundaries of the private place".

Claiming that no steps had not been taken so far, the petitioner argued that the same amounts to contempt of the court's orders. 

After hearing the matter the high court in its September 9 order said, "Before proceeding any further in the matter, this Court thinks that ends of justice would be met, if petitioner is permitted to approach the District Magistrate, by making representation, who shall look into the matter as per law". 

The court said that the petitioner in his representation shall draw the District Magistrate's attention to the previous orders of the court passed in the 2015 PIL as well as the 2023 plea wherein the court had passed the order in March last year.  

“If petitioner makes representation, within ten days' from today, District Magistrate, Dehradun shall look into the matter and take decision, as per law, within four months' thereafter. It goes without saying that the persons likely to be affected by the decision, shall also be heard," the court said. 

The court thereafter disposed of the contempt plea. 

Case Title: Pan Singh Rawat Vs. Sonika, CLCON No.296 of 2024

Click here to read/download the order