MASUD ALAM Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioners are Muslims who belong to the Congregation, which habitually worships at the mosque situated at No. 38/A, Brabourne Road in Calcutta, commonly known as the Murgihatta Mosque.

(2.) It is alleged that since May 1953, the system was introduced of calling the Azan (call for prayer) through an electrical loudspeaker five times a day. Before a loudspeaker can be installed or operated in a public place, the previous permission of the Commissioner of Police has to be obtained. As this power is not disputed I need not dwell on the source or nature of it. It does not appear that any previous permission was obtained from the Commissioner for operating the loudspeaker. Several residents of the locality complained against the practice and the Commissioner through the local thana officers countermanded the use of it. Applications were thereafter made to the Commissioner by some of the residents through the General Secretary of the West Bengal Pradesh Congress Committee and the mutawalli of the Murgihatta Mosque for permission to use a loudspeaker in connection with the Azans. By his letter dated 12-11-1953, the Commissioner has refused to accord permission.

(3.) This rule was issued by Bachawat J. on the 2nd day of November 1954, upon the respondents to show cause why an appropriate writ should not be issued calling upon the respondents not to give effect to the order of respondent No. 1, countermanding the use of the loud-speaker. The mutawalli respondent is supporting the petitioner.