5 Mumbai dargahs move HC against police action on loudspeakers; allege selective targeting

Mumbai, Jul 1 (PTI) Five dargahs have moved the Bombay High Court challenging the "arbitrary" action initiated by the city police against the use of loudspeakers at religious places and alleged that law enforcers were selectively targeting their community.

A bench of Justices Ravindra Ghuge and M M Sathaye on Tuesday issued a notice to the police on their petition and posted the matter for further hearing on July 9.

Police have launched a crackdown against the use of directional loudspeakers (devices that focus sound in a specific direction) at religious structures in Mumbai pursuant to a court order.

While the police maintained the action was being taken against loudspeakers at all religious structures, the petition filed by the five dargahs (tombs built over graves of revered religious figures like Muslim saints) claimed otherwise.

The petition claimed worshippers at these dargahs are affected by the police's "selective targeting" of mosques and dargahs. The plea challenged the notices issued to them by the police for violation of Noise Pollution Control Rules.

"The whole action is against the Muslim community and is hostile discrimination. This is in violation of fundamental rights," the petition alleged.

The plea alleged the police were acting at the behest of vested political interests.

"The entire state action is actuated by oblique motive and is therefore malicious, and should be set aside," it contended.

Every person and community has the right to practice their religion within the parameters of Noise Pollution Control Rules.

The petition maintained 'azan' is an important part of Islam and the use of loudspeakers to call people for prayer is a necessity in a city like Mumbai.

Last week, Police Commissioner Deven Bharti asserted that Mumbai was now free of directional loudspeakers at all religious structures.

The top cop, while refuting claims of selective targeting, had made it clear that religious structure of any particular community had not been singled out and stressed that the operation was conducted methodically, in line with Maharashtra Chief Minister Devendra Fadnavis's directive for proper and non-arbitrary action.

This action follows an order issued by the Bombay High Court in January this year in which police were directed to take prompt action against loudspeakers violating noise pollution norms and rules.

The HC had noted that the use of loudspeakers was not considered an essential part of any religion. PTI SP RSY