Azaan on loud speaker matter: Gujarat govt didn’t file reply in High Court for over a year, given a last chance
April 19, 2023
Gandhinagar: The Gujarat high court on Monday once again directed the state government to respond to a PIL (Public Interest Litigation) which is seeking a ban on the use of loudspeakers for the azaan (call to prayer) from mosques. The bench of acting Chief Justice A J Desai and Justice Biren Vaishnav has sought the state government’s reply by June 12 and stated that this is the last chance. The next hearing shall take place on June 19.
This came after advocate Deepak Shukla appeared for Shaktisinh Zala, the Gandhinagar district president of the Bajrang Dal. Shukla submitted that advocate Dharmesh Gurjar had filed the PIL last year on behalf of Dr Dharmendra Prajapati from Gandhinagar, but he withdrew citing threats from a certain community.
Advocate Shukla told the court that before one year and one day, on 18th April 2022, the order was passed by the Gujarat High Court that the State government would file a reply on this. The order is on record.
Shukla further stated that the case is regarding Azan. Loudspeakers are used for it. Shukla said – today morning I received two video clips from two different persons, at 4.35 am, so the loud noise of Azan can be heard. It is causing disturbance to other persons. The two clips are from 4.15 to 4.30 am period and 5.15 to 5.30 am period. The noise is so loud.
Responding to this, the Advocate General said that the Government has taken steps in regard to other noise pollution such as DJ and things are under control. Each party plot and hall has been informed.
The High Court bench asked Advocate General to please file a reply in the matter of Advocate Shukla (Azan issue). The High Court told Advocate General – ‘In this matter, will you please file a reply? No reply is filed. The last chance is granted to respondent state authority to file a reply in PIL 2 of 2022 on or before 12 June.’
The next date of hearing shall be June 19.
The doctor from Gandhinagar had complained in his PIL that even though there are very few people who go to the mosque near his hospital, the muezzin uses a loudspeaker at full volume for the azaan. He contended that noise pollution from the loudspeakers “causes severe mental illness, physical problems to aged persons and small children and affects the work efficiency of the public at large. In short, it is not good for health”.
Citing legal provisions, the PIL said the use of loudspeakers without permission from local authorities was in violation of the law. “There is no valid written permission obtained by persons of the Muslim community while using the loudspeaker for offering prayers,” the PIL stated. It also cited an order of the Supreme Court to assert that no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or the beating of drums.
DeshGujarat
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