Mumbai mosques petition HC against loudspeaker removals, cite discrimination
text_fieldsMumbai: The Bombay High Court on Thursday, July 3, sought a response from the Maharashtra government following a legal challenge to the removal of loudspeakers used for the Islamic call to prayer (Azaan) from mosques across Mumbai. The petition was filed by the Anjuman Ittehad o Taraqqui Madinah Jama Masjid and several other religious trusts representing numerous mosques, dargahs, and religious sites in the city. The petitioners have alleged that the police action was discriminatory and not based on any lawful or substantiated grounds.
A division bench of Justice Ravindra V Ghuge and Justice MM Sathye issued notices to the state government, Mumbai police, and other relevant parties, directing them to respond to the petition by July 9. The petitioners contend that the notices issued for loudspeaker removal failed to cite any specific violations of the Noise Pollution Rules, 2000, and lacked reference to measurable data, including date, time, and decibel levels of any alleged breaches.
The petitioners argued that the Maharashtra police had acted arbitrarily and selectively against Muslim places of worship, accusing them of “hostile discrimination” motivated by political influence. RTI (Right to Information) data cited in the petition revealed that Mumbai police reportedly lack the technical equipment required to measure sound levels, casting doubt on the legitimacy of their actions.
Senior Advocate Yusuf Moochala and Advocate Mubin Solkar, representing the five petitioning mosques, submitted that the authorities had engaged in actions that included levying arbitrary fines, terminating valid loudspeaker licenses, denying renewals, and forcefully seizing loudspeakers. Such actions, they said, violate fundamental rights under Articles 14 (equality before the law), 15 (protection against discrimination), 21 (protection of life and personal liberty), 25 (freedom of conscience and religion), and 26 (freedom to manage religious affairs) of the Indian Constitution.
They argued that the Azaan is an essential religious practice in Islam and cannot be fulfilled without the use of an amplifier. The short and infrequent nature of Azaan, they claimed, makes it an unlikely source of noise pollution. Petitioners further criticised the April 11 notice issued by the Maharashtra government requiring additional documents such as property ownership and land registration titles for loudspeaker licenses. They termed this a “fishing inquiry,” stating it serves no genuine environmental purpose and only adds bureaucratic hurdles.
The issue of loudspeaker removals has intensified since a Bombay High Court directive in January 2025, which instructed police to ensure all religious institutions comply with existing noise pollution norms. However, actions carried out since April have reportedly led to the removal of around 1,500 mosque loudspeakers in Mumbai, sparking allegations of targeted action against the Muslim community.
The situation led to a high-level meeting on June 25 between Deputy Chief Minister Ajit Pawar and a delegation of Muslim political leaders across party lines, including AIMIM national spokesperson Waris Pathan, Samajwadi Party state president Abu Asim Azmi, and leaders from the ruling Nationalist Congress Party, who raised concerns about the enforcement actions.