BHAGABATI PROSAD BANERJEE, J.

( 1 ) THIS matter was assigned by the Hon'ble Chief Justice before this Bench. The writ application has been filed by Moulana Mufti Syed. Md. Noorur Rehman Barkati, Imam and Khatib, Tipu Sultan Shahi Masjid, Dharamtala and Chairman Gharib Nawaz Educational and Charitable Society, Calcutta and eight others for a declaration that Rule 3 of the Environmental (Protection) Rules, 1986 vis a vis Schedule III of the said Rule do not apply in case of Mosques more particularly at the time of call of Azan from the Mosques and for the further declaration that Schedule III of the Environmental (Protection) Rules, 1986 is ultra vires Articles 14 and 25 of the Constitution. The petitioners also prayed for withdrawal of all conditions and restrictions which were notified by the Police and other authorities pursuant to the order passed in the case of Om Birangana Religious Society v. State, reported in 100 CWN 617. .

( 2 ) BY the Judgment dated 1st of April, 1996, certain restrictions and conditions on the use of microphones in the State of West Bengal were imposed. One of the important conditions that was laid down was that there will be no user of any microphones

Click Here to Read the rest of this document