A new public interest litigation (PIL) has been filed in the Calcutta High Court, challenging a police directive that calls for the removal of loudspeakers from religious sites throughout West Bengal. This PIL was urgently presented by Senior Advocate Kalyan Bandyopadhyay before a Division Bench consisting of Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee. Bandyopadhyay highlighted that mosques across West Bengal had already complied with the removal order. The court has scheduled a hearing for August 13.
The PIL, filed by attorney Danish Farooqui, disputes the “blanket verbal directions” issued by police officials in Hooghly and other districts. These directions have targeted various places of worship, including mosques and temples, mandating the removal of loudspeakers from their premises. According to the plea, “The Respondent police officials, without any written order, notification, or legal sanction, and without conducting any exercise to measure the decibel levels of the sound emanating from these loudspeakers to ascertain any violation of the Noise Pollution (Regulation and Control) Rules, 2000, are coercing the management of these religious institutions to comply with their unlawful diktats.”
Farooqui asserts that the ‘azaan,’ or the Islamic call to prayer, is a vital component of the Islamic faith and is safeguarded under Article 25 of the Indian Constitution. He argues that the blanket ban constitutes a direct infringement on this fundamental right. The plea insists, “The actions of the Respondents are manifestly arbitrary, violative of the principles of natural justice, and an assault on the rule of law. The Petitioner, therefore, prays for the intervention of this Hon’ble Court to quash these illegal verbal directions and to permit the use of loudspeakers in religious places in strict compliance with the existing noise pollution norms.”
The outcome of this case could set a significant precedent concerning the balance between noise regulation and religious freedoms in India. As the hearing approaches, both religious communities and legal experts will be closely monitoring the proceedings.
