Gujarat High Court Asks State Govt To 'Clear Its Stand' Over Ban On Using Of Loud-Speakers In Mosques

The Gujarat High Court has asked the State Government to clear its stand on the use of loudspeakers for azaan in mosques all over the State.The Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri was dealing with a Public Interest Litigation (PIL) plea filed seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques all over the State.It may be noted that High Court had issued a notice in the matter to the Gujarat Government in February 2022 and had sought its reply. However, when the matter appeared yesterday (April 18), the Court was informed that the State hasn't filed its reply in the matter. In view of this, the Court issued the following order:"The State shall file its reply by next date of hearing failing which, it shall be construed that State has no reply and respondent would not be permitted to file reply. Relist on 8.6.2022."With this, the Court also allowed an application for impleadment filed by one Shaktisinh Ghanshyamsinh Zala in the matter.The background of the matterOne Dharmendra Vishnubhai Prajapati, a doctor who is running his clinic in the Gandhinagar district had moved to the Court seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques all over the State..The plea averred that in the Gandhinagar district, the members of the Muslim community offer prayers in the Mosques while using the loudspeaker and this causes great inconvenience and disturbance to the nearby residents.The petitioner had submitted that because of the present situation of COVID, the persons are restricted to move around, as a result of which, persons from community persons are not coming for payer at the said Mosque, however, they are using loudspeaker at the time of prayer, which affects a large number of the people.Further, the petitioner had also referred to the May 2020 ruling of the Allahabad High Court wherein the Court had held that Azan is certainly an essential and integral part of Islam but the use of microphone and loud speakers is not an essential and an integral part thereof.The plea also stated that the petitioner had made a written complaint to the state authorities, however, no action was taken by them and therefore, the plea avers, the petitioner was constrained to move the High Court.Seeking appropriate orders and directions in the interest of justice, the petitioner has averred thus:"It is submitted that as stated above, there are total five prayers to be performed in the mosque at different time starting from morning to night i.e. from 05:00 a.m., 11:00 a.m., 02:00 p.m., 07:00 p.m. and 09:00 p.m. and while doing prayer, they use loudspeaker, which causes great inconvenience and disturbance to nearby residents. It is submitted that the sound of said loudspeaker."Against this backdrop, the plea lastly submitted that the sound of the loudspeaker is very hectic and intolerable for the public at large, which causes many severe mental illnesses, physical problems to old aged persons and including small children and it will also affect the work efficiency for the public at large and in short, it is not good for health.Issuing the notice, the court has made it returnable for March 10.Case title - DHARMENDRA VISHNUBHAI PRAJAPATI v. STATE OF GUJARAT Click Here To Read/Download Order

Gujarat High Court Asks State Govt To 'Clear Its Stand' Over Ban On Using Of Loud-Speakers In Mosques

Sparsh Upadhyay

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