No ban on seizure of speakers in mosques

The first bench comprising Chief Justice Indira Banerjee and Justice M. Sundar, while passing interim orders on a plea seeking to restrain the police from seizing or confiscating the sound emission equipment belonging to the Mosques without examining its decibel levels, said, “The laws as laid down by the Supreme Court and the High Courts have to be complied with and the authorities are duty bound to prevent the breach of pollution laws.” Noting that the petitioner has not given instances of seizure of loud speakers which were within the decibel level as alleged in the writ petition, the bench said “In the absence of particulars, no blanket order can be passed. Individual wrongful seizures, if any, would necessarily have to be challenged by those aggrieved on the ground of illegality.

A blanket order as prayed for would not be appropriate in the absence of particulars of the alleged seizure.” However, the bench granted the petitioner liberty to file an affidavit furnishing the particulars of alleged illegal actions/seizure of sound emission equipment and or interference with the rights of Mohammedans to pursue the long standing religious custom of calling the faithful for prayers five times a day.

Directing the petitioner to file such an affidavit by September 1, the bench posed the case for further hearing to September 4. The petitioner Shaw Nawaz Khan, president, Pollachi Aikkiya Jamath, had submitted that at a meeting, the custodians of the mosques in the district were instructed to give prayer call five times a day, which is a religious mandate and use the sound under the prescribed limits as per the rules.

But the Superintendent of Police and the Additional Superintendent of Police of Pollachi raided the mosques and seized the speakers, the petitioner alleged.