Calcutta High Court: No Coercive Removal of Loudspeakers from Mosques

• The Calcutta High Court dismissed a PIL alleging coercive removal of loudspeakers from over 4,000 mosques in West Bengal.
• The State disputed the allegations, arguing that no specific overt act had been attributed to any State authority.
• The Court's decision may set a precedent for future cases involving the removal of loudspeakers from places of worship.
• Verbal directions alone are insufficient to justify coercive removal of loudspeakers, and actual proof is required.

suspicion, howsoever high, cannot be a substitute of actual proof

The Calcutta High Court has dismissed a public interest litigation (PIL) alleging that police authorities in West Bengal had verbally directed places of worship to remove loudspeakers. The PIL claimed that over 4,000 mosques had been affected by this alleged directive, with loudspeakers removed due to the threat of coercive action. However, the State disputed these allegations, arguing that no specific overt act had been attributed to any State authority and that the PIL was not maintainable. The Court's decision may set a precedent for future cases involving the removal of loudspeakers from places of worship.

The Noise Pollution (Regulation and Control) Rules, 2000 regulate the use of loudspeakers through prescribed decibel limits and time restrictions. The West Bengal Pollution Control Board guidelines also govern the use of loudspeakers in public places. However, the petitioner argued that these rules do not impose an absolute prohibition on loudspeakers but rather allow for their regulated use. The Court's decision highlights the importance of following due process of law when dealing with issues related to noise pollution.

The dismissal of this PIL may have significant implications for future cases involving the removal of loudspeakers from places of worship. Lawyers should be aware that verbal directions alone are insufficient to justify such actions, and that actual proof is required to support allegations of coercive removal. The Court's decision also underscores the need for places of worship to comply with existing statutory rules and guidelines when using loudspeakers.

This dismissal may set a precedent for future cases involving the removal of loudspeakers from places of worship, and lawyers should be aware that verbal directions alone are insufficient to justify such actions.

Source: Original reporting via Lawbeat News Desk