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Breaking | "Sponsored Litigation To Affect Communal Harmony During Polls": Allahabad HC Dismisses Contempt Plea Over Loudspeakers In Temple-Mosque

Sparsh Upadhyay
19 Feb 2022 5:05 AM GMT
Breaking | Sponsored Litigation To Affect Communal Harmony During Polls: Allahabad HC Dismisses Contempt Plea Over Loudspeakers In Temple-Mosque
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The Allahabad High Court has dismissed a contempt plea filed regarding the usage of loudspeakers in the Temple as well as Mosque and observed that the same is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections.Essentially, the Bench of Justice Rohit Ranjan Agarwal was hearing a contempt plea filed by one Islamuddin against Rabindra...

The Allahabad High Court has dismissed a contempt plea filed regarding the usage of loudspeakers in the Temple as well as Mosque and observed that the same is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections.

Essentially, the Bench of Justice Rohit Ranjan Agarwal was hearing a contempt plea filed by one Islamuddin against Rabindra Kumar Mander, D.M. Rampura alleging that he is willfully disobeying the order passed by the Allahabad High Court in a 2015 Public Interest Litigation (PIL) plea.

Essentially, in the case of Islamuddin v. State Of U.P. & 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 20730 of 2015], the Allahabad High Court had directed the District Administration of Rampur and the Regional Pollution Control Board to ensure that there is no noise pollution by use of loudspeaker or any other device causing noise pollution beyond the prescribed standard in the Noise Pollution (Regulation and Control) Rules, 2000

The operative part of the order dated April 15, 2015 read thus: (complete text of the order here)

"We direct that the District Administration of Rampur and the Regional Pollution Control Board will act with all seriousness to ensure that there is no noise pollution by use of loud speakers or any other device causing noise pollution beyond the prescribed standard in the 2000 Rules on any building or place of worship in the district. We also direct that all police stations shall be informed and made aware that they have to ensure that no loud speakers or any noise producing activities are permitted to be used within their jurisdiction in violation of the 2000 Rules. They must also ensure that any complaint made by any citizen in this regard is immediately acted upon."

Now, petitioner Islamuddin again moved the High Court with his contempt plea alleging that the order of the Allahabad HC wasn't being followed by the DM, Rampur. According to the applicant, it was in the year 2021 that certain people started using loudspeakers in the Temple as well as Mosque which led to noise pollution.

However, taking into account the timing of the filing of the contempt plea, i.e., amid the ongoing Assembly polls in the state, the Court in a strongly worded order said,

"The timing of contempt application is, when the State is going through Assembly Election and it seems that the present contempt application is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections. This Court finds that no case of indulgence is made out as the Court cannot be a party to such action of any individual which tries to destabilize the communal harmony of the State."

In view of the above, the Court dismissed the contempt application.

Case title - Islamuddin v. Sri Rabindra Kumar Mander, D.M. Rampur And Another
Case citation: 2022 LiveLaw (AB) 53

Click Here To Read/Download Order

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