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The Gujarat High Court has directed the State government of Gujarat to file its reply by the next date of hearing i.e. June 8, 2022 in a Public Interest Litigation (PIL) seeking a statewide ban on the use of loudspeakers in mosques.

The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri said, "The State shall file its reply by next date of hearing failing which, it shall be construed that State has no reply and respondent would not be permitted to file reply."

Earlier, in February this year, the high court had issued notice to the State Government and had made it returnable for March 10. However, when the matter appeared on April 18, the Court was informed that the State hadn't filed its reply.

The development has taken place in a plea moved by a doctor, Dharmendra Vishnubhai Prajapati, who runs his clinic in the state's Gandhinagar district, alleging that people living nearby mosques in his locality are subjected to great inconvenience and disturbance due to this non-essential practice.

In his plea, Prajapati had claimed that "the sound of the loudspeaker is very hectic and intolerable for the public at large, which causes many severe mental illnesses, physical problems to old aged persons, small children and it also affects the work efficiency for the public at large; in short, is not good for health," Prajapati has asked the Court to step in through his PIL.

He had argued, "In fact, the right contained under Article 25 of the Constitution of India is subject to public order, morality, health and Part-III of the Constitution of India, which has been violated because of the use of the loudspeakers."

Prajapati had also cited the rules pertaining to noise pollution in support of his demand. He had asserted that "as per Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, a loudspeaker or a public address system shall not be used except after obtaining written permission from the competent authority."

"However in the facts of the case, admittedly, there is no valid written permission obtained by the persons of the Muslim community while using loudspeakers while offering prayers. Hence, some restrictions are required to be imposed upon them," Prajapati had further alleged.

Cause Title: Dharmendra Vishnubhai Prajapati vs The State of Gujarat & Ors