ABDUL KAYYUM Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Tahir Husain for the petitioner. Learned standing represents all the respondents. 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.

(2.) 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 (Hindu & Muslim communities) decided to use microphone and on loud speaker on the top of temples and on the top of a tree near mosque, for announcing their prayers. The petitioner has annexed photographs of temples and mosque situate in the village to show that on the top of temples, two loud speakers are fitted and that one loud speaker on a tree top, near the mosque, had been tied up.

(3.) In order to resolve the dispute on the use of microphone/loudspeaker making high-pitched noise, the district administration called a meeting of the members of the village, and arrived at an agreement on the use of microphone/loudspeaker at Mosque to the effect that the Muslim community agreed that except for the month of Ramzan, during which period it becomes necessary to announce the time of Roza, aftar and sahri, announcements and morning azam will be made through microphone/loudspeaker, and that they will not use the microphone, for any other programme, and that the Hindu community had agreed to the said proposal.