Calcutta High Court: Questions State on Mosque Loudspeaker Removal

• The Calcutta High Court has questioned the West Bengal government about actions taken to remove loudspeakers from mosques.
• This inquiry stems from a PIL filed by lawyer Danish Farooqui, challenging alleged "blanket verbal directions" from police to religious establishments.
• The PIL contends police acted without written orders or measuring decibel levels, violating Noise Pollution (Regulation and Control) Rules, 2000.
• Farooqui argues 'azaan' is an essential part of Islam, protected under Article 25 of the Constitution.
• The Calcutta High Court admitted the PIL on August 10, 2026, and scheduled the matter for hearing on August 13, 2026.

This ongoing litigation before the Calcutta High Court regarding mosque loudspeaker removal and broader religious establishments noise pollution in India carries significant implications.

The Calcutta High Court recently questioned the West Bengal state government regarding any measures taken to remove loudspeakers from mosques within the state. A Division Bench, comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, raised this inquiry during the hearing of a public interest litigation (PIL). The PIL specifically challenges alleged directives issued by police officials instructing various religious establishments, including mosques and temples, to remove loudspeakers from their premises.

Advocate General (AG) Surajit Nath Mitra, representing the state, requested additional time to gather instructions from the government. The Calcutta High Court admitted the PIL on August 10, 2026, and scheduled the matter for hearing on August 13, 2026. The PIL, initiated by lawyer Danish Farooqui, contends that police in Hooghly and other districts have issued "blanket verbal directions" for the removal of loudspeakers, affecting numerous places of worship.

The core of Farooqui's petition centers on the assertion that these police instructions lack proper legal foundation. The PIL alleges that respondent police officials have acted without issuing any written orders, notifications, or possessing legal sanction for their directives. Crucially, it claims that no exercise was conducted to measure the decibel levels of sound emanating from these loudspeakers, which would be necessary to ascertain any violation of the Noise Pollution (Regulation and Control) Rules, 2000. Instead, the plea states, police are coercing the management of these religious institutions to comply with what it terms "unlawful diktats."

Furthermore, the PIL highlights the constitutional protection afforded to religious practices. Farooqui argues that 'azaan,' the Islamic call to prayer, constitutes an integral and essential component of the Islamic faith. As such, it is protected under Article 25 of the Constitution of India, which guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. This argument frames the police actions as potentially infringing upon fundamental religious freedoms.

This ongoing litigation before the Calcutta High Court regarding mosque loudspeaker removal and broader religious establishments noise pollution in India carries significant implications. The case directly scrutinizes the procedural legitimacy of West Bengal police loudspeaker directions, particularly when they involve verbal instructions without documented justification or adherence to established noise pollution measurement protocols. The Court's eventual ruling could clarify the extent of police authority in enforcing noise regulations and underscore the necessity of due process, including written orders and decibel level assessments, before demanding the removal of loudspeakers.

The challenge also brings into focus the delicate balance between public order regulations, such as the Noise Pollution (Regulation and Control) Rules, 2000, and the fundamental right to religious freedom enshrined in Article 25 of the Constitution. The outcome could set a precedent for how authorities across India approach noise control in religious contexts, potentially influencing future enforcement strategies and legal interpretations concerning religious establishments noise pollution.

Lawyers advising religious institutions or dealing with noise pollution enforcement in West Bengal should closely monitor this PIL, as it challenges police authority to issue verbal directives for loudspeaker removal without written orders or decibel measurements. This case underscores the importance of due process under the Noise Pollution Rules, 2000, and the balance with Article 25 religious freedoms, potentially setting a precedent for how such matters are handled by authorities.

Source: Based on recent court reporting.