Mumbai: The Bombay High Court has issued notices to the Maharashtra government, Mumbai Police, and the Maharashtra Pollution Control Board (MPCB), following petitions filed by five mosques challenging recent police actions against loudspeaker use for the azaan (Islamic call to prayer), reported the Times of India.
A division bench, headed by Justices Ravindra V. Ghuge and M. M. Sathaye, directed the concerned authorities to file detailed replies with supporting records. The next hearing is scheduled for July 9.
The petitioners—including Anjuman Ittehad O Taraqqui Madinah Jama Masjid, Hazrat Shamsuddin Baba Dargah, among others—allege that notices issued under the Noise Pollution (Regulation and Control) Rules, 2000, failed to specify the date, time, or decibel levels of the purported violations.
They claim that such ambiguous notices formed the basis for imposing fines, revoking or refusing to renew loudspeaker licences, and seizing equipment—actions they regard as arbitrary and politically motivated.
The petitioners argue that the azaan is an essential religious observance in Islam and that amplifying it within legally permissible limits cannot be curtailed without infringing upon the fundamental rights of Muslims under Articles 14, 15, 21, 25, and 26 of the Constitution.
They also highlighted a baffling April circular that requires mosques to submit property ownership documents during licence renewal—a measure they describe as a “fishing inquiry” unrelated to preventing noise pollution.
In support of their claims, petitioners submitted RTI responses indicating that the Mumbai Police apparently lack noise-measuring equipment necessary to assess decibel violations—suggesting that enforcement is not rooted in objective data.
The case follows a High Court decision in January 2025, which affirmed that loudspeaker use is not an essential religious practice and must comply with noise regulations. Since then, over 1,500 loudspeakers have reportedly been removed from mosques and other religious sites citywide.
