Use of loudspeaker from mosque not fundamental right: Allahabad HC

New Delhi, May 06: The Allahabad High Court on Friday ruled that the use of a loudspeaker from a mosque is not a fundamental right.

The court passed the observation while dismissing a petition filed by one Irfan of Budaun district, who sought permission to play azaan using loudspeakers in the Noori Masjid.

"The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Ever otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed," said the court.

Although azaan is an integral part of Islam, delivering it through loudspeakers is not a part of the religion, the court observed.

"Azaan is an integral part of Islam, but giving it through loudspeakers is not a part of Islam," a bench headed by Justice BK Vidla and Justice Vikas said.

The ruling comes amid growing call for ban on loudspeakers.

The Supreme Court in 2005 banned the use of loudspeakers and music systems in public places between 10 pm and 6 am, except in cases of public emergency, citing the serious effects of noise pollution on the health of local residents.

In Uttar Pradesh, a drive to remove unauthorised loudspeakers from religious places and to set the volume of others within permissible limits began on April 25.

Nearly 54,000 unauthorised loudspeakers were removed from religious places and the volume of another at least 60,000 were set to permissible limits across the state following a government order.