Use of loudspeaker from mosque not fundamental right, says Allahabad HC

The High Court dismisses plea seeking permission to play loudspeaker during azan

The use of a loudspeaker from a mosque is not a fundamental right, the Allahabad High Court has said.

The court passed the observation while dismissing a petition filed by a Budaun man who wanted permission to play a loudspeaker from a mosque during azan, the Islamic call for prayer, at a village in the district.

The court said the petition was “patently misconceived.”

“The law has now been settled that use of a loudspeaker from mosque is not a fundamental right. Even otherwise, a cogent reason has been assigned in the impugned order,” said a Division Dench of Justices Vivek Kumar and Vikas Budhwar on May 4.

Irfan of Budaun district had filed a petition praying that the court quash the rejection order dated December 3, 2021, by the Sub-Divisional Magistrate (SDM), Bisauli tehsil, through which he was denied permission to use a loudspeaker/mike from Noori Masjid at the time of azan.

His counsel argued that the SDM’s order was wholly illegal and violated the fundamental and legal rights of the petitioner to run a loudspeaker from the mosque.