Five mosques from Mumbai's eastern suburbs have approached the Bombay High Court alleging that the city police are selectively targeting Muslim places of worship by issuing notices for removing loudspeakers used during the Azaan, in violation of noise pollution norms. The petitioners argue that these actions are discriminatory and carried out without due process.
As per Live Law, the petition filed by Anjuman Ittehad o TaraqquI Madinah Masjid, Hazrat Shamsuddin Baba Dargah, Masjid Ahl-Hadees-W-Madrasa Arabiya Dar-ul-Huda, Mubarak Masjid and Masjid-e-Aqsa claims that hundreds of places of worship across the city have been affected. The plea states that the notices issued by Mumbai Police fail to mention the exact date, time or decibel levels of the alleged violations under the Noise Pollution Rules, 2000.
“All the notices are issued which give no particulars of the date and time of the alleged violations nor the measurement of decibels at the time of the alleged violations. The whole movement is targeting Muslim community and is the instance of hostile discrimination. This is, therefore, in violation of the fundamental rights under Articles 14 and 15 of the Constitution of India,” the petition reads, as reported by Live Law.
Senior Advocate Yusuf Muchala, along with Advocates Karim Pathan, Altaf Khan, Rashda Ainapore and Aqil Khan, represented the petitioners. The matter came up before a division bench of Justices Ravindra Ghuge and Milind Sathaye, which on Tuesday issued notices to the Maharashtra Government, Mumbai Police and the Maharashtra Pollution Control Board (MPCB), directing them to file their responses by July 9, the next date of hearing.
The petitioners further allege that the police are acting under pressure from vested political interests, using the notices to impose fines, revoke or deny renewals of licences and in some cases, seize loudspeakers without prior notice, Live Law reported.
In parallel, several mosques in the city have begun adopting a technological workaround to continue delivering the call to prayer. At least six mosques in Mumbai have now registered with the "Online Azan" app - a mobile platform developed by a Tamil Nadu-based company - that streams the Azaan directly to worshippers’ phones in real-time, PTI reported.
The app, available on Android and iPhone, works by allowing users to select their locality and the nearest mosque, from which they receive live notifications and audio whenever the Azaan is delivered. It also serves as a prayer time notifier and runs automatically once configured.
The app’s co-founder, Mohammed Ali, was cited by PTI as saying that the company already works with 250 mosques in Tamil Nadu. Mosques are required to submit an application, address proof and the Aadhaar details of the muezzin (the person who gives the call to prayer) to register.
The move has been welcomed by some political leaders. "Loudspeaker was just a medium to convey what needs to be said in a larger way. There should be no disturbance to others. Prayer is important and not loudspeaker. There are multiple ways to communicate the call to prayer and it is good mosques are adapting to new innovations," Mumbai Congress general secretary Asif Farooqui noted, PTI reported.
Meanwhile, BJP leader and former MP Kirit Somaiya has been running a campaign against what he calls the unauthorised use of loudspeakers. According to him, his efforts have led to the removal of around 1,500 loudspeakers from mosques across Mumbai.
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