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Calcutta HC rejects PIL on removal of loudspeakers from mosques
The division bench of acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee heard advocate Md Danish Farooqui’s petition
Calcutta High Court on Tuesday dismissed a public interest litigation alleging that the West Bengal police were verbally directing mosque authorities to remove loudspeakers used for azan (call for prayers).
The division bench of acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee heard advocate Md Danish Farooqui’s petition alleging that police officers held meetings with mosque representatives in recent weeks and directed them to remove all loudspeakers although Supreme Court guidelines exist on decibel limits for loudspeakers used in public places.
“The state’s lawyers told the court that the allegation was baseless because the police neither held any meeting with mosque representatives nor gave any verbal instruction to remove loudspeakers,” a lawyer who attended the hearing said.
Also Read:Azan loudspeakers removed from several Bengal mosques through ‘unwritten’ orders
The state’s lawyers questioned the maintainability of the PIL saying the allegations were vague and lacked documentary evidence showing that any government official violated statutory rules. They also told the court that the petitioner referred to information from imams and mosque representatives but none of the affected people had approached the court.
Appearing for the petitioner, senior advocate Kalyan Banerjee said meetings did take place between the police and mosque committees.
“A PIL is not adversarial litigation. Is it like a civil or criminal trial where 100% evidence needs to be given?” Banerjee said.
