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2013 Supreme(All) 1492

SUNIL AMBWANI, BHARAT BHUSHAN
ABDUL KAYYUM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Tahir Husain for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Sri Tahir Husain for the petitioner. Learned standing represents all the respondents.

2. This writ petition raises an important question of establishment of religious places i.e. temples, mosques, churches, gurudwaras, etc by numerous communities or sects, and the use of microphone/loud speaker on these places on the ground of professing and propagating religion, for which Constitution gives guarantee of freedom of conscience and free profession, practice, and propagation of religion under Article 25 of the Constitution of India.

3. It is submitted that in small village named Kakoda, P.S. Kadar Chowk, Tehsil Sadar, District Budaun, majority of the population belongs to Hindu community. Out of 6,000 voters, in the voter list of 2009, there are about 600 voters of Muslim community of their population of about 800. The Hindus have set up three small temples-one of Lord Shiva and two of Devies. The Muslims have set up one Mosque, in which they offer ‘namaz’ (prayers) five times in a day. The temples and mosque in the village were established since long in which both the communities were peacefully offering their prayers and worships, until they (Hind





















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