KALIPADA DAS Vs. STATE

JUDGEMENT

(1.) In this writ application, the petitioner, a religious organisation, claims that the respondents should not interfere with the right of user of microphones, loud-speakers, and for amplifying human voice and for amplifying other sounds while playing daily pujas and other religious activities and display of religious songs. The petitioner prayed for a writ in the nature of Mandamus commanding the District Magistrate and/or the Sub-Divisional Officer, Ghatal, to accord necessary permission in favour of the said society in terms of section 34A of the Police Act, 1963, (West Bengal Amendment).

(2.) The point raised in this writ application is of great public importance and significance. Section 34A of the Police Act, 1861, as amended by the West Bengal Act 38 of 1963, reads as follows:

(3.) It is the case of the petitioner that microphones are required by the society during puja performance, arati, nitya puja, etc., and that nobody ever raised any objection to the performance of the aforesaid religious activities in the manner and in the way as had been done, but the Sub-Divisional Officer. Ghatal, directed the petitioner/society not to use any microphone while performing puja and other religious activities without serving any notice in the month of September, 1993.