The Court’s stance aligns with its earlier 2022 observation that using loudspeakers from mosques is not a fundamental right. However, it acknowledged that Azan, the Islamic call to prayer, is an integral part of the religion but emphasised that it can be recited without amplifying devices
GUWAHATI: The Allahabad High Court on Thursday, January 23, reiterated that the use of loudspeakers in religious places cannot be claimed as a fundamental right, especially when it causes a nuisance to residents.
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The observation came as a bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh dismissed a writ petition seeking permission to install loudspeakers at a mosque.
The petition, filed by one Mukhtiyar Ahmad, sought directions to state authorities for installing loudspeakers on a Masjid. However, the state’s counsel objected, arguing that Ahmad lacked the locus standi as he was neither the mutwalli (caretaker) nor the mosque’s owner. The Court found merit in the objection and dismissed the plea.
Highlighting the purpose of religious places, the bench noted, “Religious places are primarily for offering prayers to the divinity. The use of loudspeakers cannot be claimed as a matter of right, particularly when it causes inconvenience to others.”
The Court’s stance aligns with its earlier 2022 observation that using loudspeakers from mosques is not a fundamental right. However, it acknowledged that Azan, the Islamic call to prayer, is an integral part of the religion but emphasised that it can be recited without amplifying devices.
A 2020 verdict had also allowed Muezzins to recite the Azan from mosque minarets by human voice, even during the Covid-19 lockdown, but prohibited the use of microphones.
