The Bombay High Court on Tuesday issued notices to the Maharashtra government, Mumbai Police, and the Maharashtra Pollution Control Board (MPCB) on a petition filed by five mosques challenging the removal of loudspeakers used for the Islamic call to prayer (Azaan) and the termination of their sound system licenses.

The petition, filed by Anjuman Ittehad o Taraqqui Madinah Jama Masjid and others, who oversee various mosques, dargahs, and religious sites in Mumbai, alleged that the police action was arbitrary, lacking legal basis, and amounted to selective targeting of Muslim places of worship.

A bench of Justice Ravindra V Ghuge and Justice MM Sathye directed the respondents to file their replies by July 9 and took note of the petitioners' contention that enforcement actions began in April 2025.

According to the petitioners, the notices issued by the police citing violations of the Noise Pollution (Regulation and Control) Rules, 2000 (NPR) lacked basic particulars—such as the date, time, and measured decibel levels of the alleged infractions. RTI responses, the petitioners claimed, revealed that the police lacked equipment and training to measure noise levels, suggesting that the actions were not grounded in data but discretionary and arbitrary.

The mosques argued that this enforcement amounted to hostile discrimination against the Muslim community, further alleging that the police were acting at the behest of political interests.

The petition further challenged the April 11 State circular that mandated ownership and land title documents as a prerequisite for issuing loudspeaker licenses for religious premises. The petitioners contended that such demands were unrelated to the purpose of regulating noise pollution and amounted to "fishing inquiries."

It was also asserted that these actions—imposing fines, seizing loudspeakers, terminating or refusing license renewals—violated their fundamental rights under Articles 14, 15, 21, 25, and 26 of the Constitution, which protect equality, religious freedom, and the right to practice and propagate religion.

Highlighting the spiritual significance of Azaan, the petitioners submitted that it is a mandatory religious ritual, and the use of a loudspeaker or amplifier is integral to fulfilling this obligation. They further argued that Azaan is delivered between 6 am and 10 pm, lasts only 2–3 minutes, and therefore does not constitute noise pollution or cause public nuisance.

The petition arises in the context of a January 2025 order of the Bombay High Court, which had directed law enforcement authorities to act uniformly against all religious structures violating noise pollution norms.

Senior Advocate Yusuf Moochala and Advocate Mubin Solkar appeared for the petitioners.

Case Title: Anjuman Ittehad o Taraqqui Madinah Masjid & Ors v. State of Maharashtra & Ors.