Mr.Manjunath S.Halawar, learned counsel for

the petitioner.

Mr.S.S.Mahendra,

learned

Additional

Government Advocate for the respondents.

The petitioner, who claims to be a resident of

Bengaluru, has filed this petition seeking the

following reliefs:

“(i)

Issue a Writ in the nature of Mandamus

or any other Writ or Order, Directing the

Respondent No.1 to 4 to stop the

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mosques or masjids in the State of

Karnataka for using the objectionable

words

through

loudspeakers

while

calling Azan or Adhan prayer 5 times in a

day throughout the 365 days in a year.

(ii)

Issue a Writ in the nature of Mandamus

or any other writ directing to take step in

order to seizure and confiscation of

loudspeakers, amplifiers and such other

equipment’s

installed

in

mosques/

masjids for using the objectionable words

while calling Azan or Adhan prayer in the

State of Karnataka.”

The facts leading to filing of this petition, briefly

stated are that Azan or Adhan prayers are being

offered through loudspeakers and public address

systems five times a day between 6.00 a.m to 10.00

p.m throughout the year from the mosques or

masjids in the State of Karnataka.

The grievance of the petitioner as averred in the

writ petition is that calling of Azan or Adhan, though

is an essential religious practice of muslims,

however, the contents of the Azan or Adhan are

hurting the believers of other religious faiths.

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Learned counsel for the petitioner submitted

that the contents of the Azan or Adhan hurts the

sentiments of believers of other faiths and, therefore,

a writ of mandamus be issued to respondent Nos.1

to 4 to stop the mosques/masjids in the State of

Karnataka from using the contents through the

loudspeakers or public address systems while calling

Azan or Adhan prayers five times a day.

5.

We have considered the submissions made by

learned counsel for the petitioner.

6.

Articles 25 and 26 of the Constitution of India

embodies the principle of religious toleration which

is a characteristic of Indian Civilization. Article 25(1)

of the Constitution of India confers a fundamental

right on all persons to freely profess, practice and

propagate their own religion. However, the aforesaid

right is not an absolute right, but is subject to

restrictions on the grounds of public order, morality

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and health, as well as subject to other provisions in

Part III of the Constitution of India.

7.

Undoubtedly, the petitioner as well as the

believers of other faiths have the right to practice

their religion. Azan or Adhan is a call to offer

prayers. However, the contention that the contents

of Azan or Adhan violate the fundamental right

guaranteed to the petitioner as well as the persons of

other faith cannot be accepted. It is also pertinent to

note that it is not the case of the petitioner himself

that his fundamental right guaranteed under Article

25 of the Constitution of India is being infringed in

any manner by calling of Azan or Adhan through

loudspeakers or public address systems.

8.

However, before parting with the case, it is

worth mentioning that the aforesaid right to practice

religion is not an absolute right but, is subject to

restrictions on the grounds of public order, morality

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and health, as well as other rights guaranteed in

Part III of the Constitution.

9.

The use of loudspeakers, public address

systems and sound producing instruments is

governed by the Noise Pollution (Regulation and

Control) Rules, 2000 read with Section 37 of the

Karnataka Police Act, 1963.

10. Respondent Nos.1 to 4 are, therefore, directed

to ensure that the loudspeakers, public address

systems, sound producing instruments and other

musical instruments shall not be permitted to be

used above permissible decibel during night from

10.00 p.m to 6.00 a.m.

11. A Division Bench of this Court, by an order

dated

17.06.2022

passed

in

Writ

Petition

No.4574/2021 has directed respondent Nos.1 to 4

herein to carry out a drive to prevent the misuse of

loudspeakers and public address