Five Mumbai mosques have challenged police action on Azaan loudspeakers, calling it discriminatory and unconstitutional. Bombay High Court has sought responses from the State and police authorities.
Mumbai: Today, on July 2, 2025, the Bombay High Court asked the Maharashtra government, Mumbai Police, and Maharashtra Pollution Control Board (MPCB) to respond to a petition filed by five mosques challenging the removal of loudspeakers used for Azaan (Islamic call to prayer) and the cancellation of their licenses.
The petition was filed by Anjuman Ittehad O Taraqqui Madinah Jama Masjid and others, who manage several mosques, dargahs, and other religious places across Mumbai.
They alleged that the actions taken by the police were “arbitrary” and amounted to “selective targeting of Muslim institutions.”
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A division bench of Justice Ravindra V Ghuge and Justice MM Sathye issued notice to the authorities and directed them to file their responses by July 9, 2025.
The petitioners approached the High Court stating that these police actions began in April 2025, and they have been carried out in an unconstitutional and arbitrary manner.
As per their claims, notices were sent to various Muslim places of worship under the Noise Pollution Rules, 2000, but without any proper details of when and how the alleged violations occurred.
The petitioners pointed out that these notices did not mention the
“date and time of the alleged violations and the measurement of decibels at the time of the alleged violations.”
To further support their case, the petitioners shared the replies they received under the Right to Information (RTI) Act, where it was revealed that the police “have no such data available” regarding noise measuring devices or the training of personnel to check noise levels.
According to them, this clearly shows that the police actions were not based on any scientific method or data but were rather done on “arbitrary discretion.”
The petition alleged that
“The whole movement is targeting Muslim community and is the instance of hostile discrimination.”
They also stated that the Mumbai Police seemed to be acting on behalf of “vested political interests.”
Further, the petitioners strongly argued that the actions taken by the state — including the imposition of fines, cancellation of valid loudspeaker licenses, refusal to renew licenses, and even seizure of loudspeakers — amounted to a violation of fundamental rights guaranteed under Articles 14, 15, 21, 25, and 26 of the Indian Constitution.
They stated:
“It is the fundamental right of every person to carry on their religious beliefs and practices within the parameters of the sound decibels laid down under NPR, 2000.”
One of the major objections raised in the petition was to a circular dated April 11, issued by the state government.
This circular made it mandatory for religious places to show ownership papers or land title documents in order to get or renew loudspeaker licenses.
The petitioners criticized this move, calling it
“fishing inquiries not related to the germane issue of preventing noise pollution.”
The petition also highlighted the religious and spiritual importance of using loudspeakers for the Azaan. They submitted that Azaan is not just a call to prayer, but a deeply spiritual ritual that is mandatory in Islam.
Therefore, the use of a loudspeaker is essential to fulfill this practice.
They emphasized:
“Azaan is positioned among the mandatory practices of Islamic ritual and this vital spiritual purpose cannot be served without the means of an amplifier/loudspeaker.”
It was also mentioned that the Azaan is given only between 6.00 am to 10.00 pm, and that each Azaan lasts for barely 2 to 3 minutes.
The petitioners argued that such a short announcement cannot be considered as creating noise pollution or nuisance.
They stated:
“Such brief calls cannot remotely produce noise amounting to pollution or actionable nuisance.”
This case is being heard in the backdrop of a previous Bombay High Court order passed in January 2025, where the court had instructed the police to take strict action against all religious places that violated the norms under the Noise Pollution Rules.
The petitioners are being represented by Senior Advocate Yusuf Moochala and Advocate Mubin Solkar, who argued that this issue affects not just religious freedom but also raises important questions about equal treatment and protection under the law.
Case Title:
Anjuman Ittehad o TaraqquI Madinah Masjid & Ors v. State of Maharashtra & Ors
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