Mosque Loudspeakers: High Court Asks Karnataka Govt If It Has Granted Permanent Licenses, Under What Law

A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi during the hearing of a batch of petition orally asked the state government to respond on the larger issue of under what provisions licences were granted to play the loudspeakers permanently under the Noise Pollution Rules.

The bench referred to its previous order dated November 16, 2021, wherein it referred to Rule 5(3) of the Noise Pollution rules which restricts the use of loud speakers/ public address system (and sound producing instruments). It authorises the State Government to permit use of loudspeakers and the likes during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.

It said, "We are not against any individual or anybody. It is your discretion to whom to grant or not to grant permission, but it should be in accordance with law."

Advocate Shridhar Prabhu appearing for the petitioner Rakesh P and others, submitted that, "There is a new trend that they (state authorities) are issuing permanent licensees for use of loudspeakers. Moreover, the loudspeakers are not seized as per the Central Pollution Control Board directions nor fines are imposed."

To which the bench said that there should be some material placed on record by the petitioners that such permissions are being issued. The government advocate also filed a status report informing that the respondents (mosques) who were playing loud speakers without licences have stopped the loudspeaker and removed the loudspeakers. Time was also sought by the government counsel to respond to the arguments advanced by the petitioners. Accordingly the court posted the matter for further hearing in the next week.

Case Title: Rakesh P v. State of Karnataka

Case No: Writ Petition No 4574/ 2021