Supreme Court: Justice Ashwani Kumar Mishra and Justice Donadi Ramesh
Use Of Loudspeakers Cannot Be Claimed As A Matter Of Right: Allahabad HC Dismisses Petition For Installation Of Loudspeakers At Mosque
|The petition was filed requesting directives for the state authorities to permit the installation of loudspeakers at a mosque.
The Allahabad High Court has dismissed a petition seeking permission to install loudspeakers at a mosque, emphasizing that the use of loudspeakers cannot be considered an inherent right, particularly when it may disturb the peace of nearby residents.
The petition was filed requesting directives for the state authorities to permit the installation of loudspeakers at a mosque. However, the state raised objections regarding the petition's maintainability, arguing that the petitioner lacked the necessary legal standing, as he was neither the caretaker (mutawalli) of the mosque nor its authorized representative.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held, “Even otherwise religious places are for offering prayers to the divinity and use of loudspeakers cannot be claimed as a matter of right, particularly when often such use of loudspeakers create nuisance for the residents.”
Advocate Dinesh Kumar appeared for the Petitioner.
The Court found merit in the state’s objections, pointing out that the petitioner had failed to prove his legal right to file the petition.
It said, “We find substance in the objection of the State, inasmuch as no locus is shown in the petitioner to file the writ petition.”
Cause Title: Mukhtiyar Ahmad v. State of U.P. & Ors., [2025:AHC:11261-DB]