'Attempt to destabilize communal harmony': Allahabad HC dismisses contempt plea over noise pollution by temple, mosque

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Terming it a ‘sponsored litigation,’ the Allahabad high court recently dismissed a contempt application pertaining to the use of loudspeakers in temples as well as mosques.

Raising a question as to the timing of the petition filed by one Islamuddin, the bench of Justice Rohit Ranjan Agarwal refused to indulge in the matter.

Court said, “State is going through Assembly Election and it seems that the present contempt application is a sponsored litigation so as to affect the communal harmony of the State keeping in mind the State Elections.”

Court noted that according to Islamuddin himself, it was in the year 2021 when certain people had started using loudspeakers in the temple as well as mosque allegedly beyond the prescribed standard, however, Islamuddin moved his application now.

Court also highlighted one letter addressed to the Superintended of Police, Rampur, and said that "(it) is quite disturbing to note, as it alleges complaint against one community of the society and discrimination against other member(s) of the society.”

Therefore, stressing that “the Court cannot be a party to such action of any individual which tries to destabilize the communal harmony of the State,” the high court dismissed the instant application.

Islamuddin had moved this application alleging that the District Magistrate of Rampur (Uttar Pradesh) was in contempt of one order passed by the high court earlier in a Public Interest Litigation that too was filed by him.

In the case of Islamuddin v. State Of U.P. & 2 Others [Public Interest Litigation (PIL) No.20730 of 2015], the Allahabad High Court had directed the District Administration of Rampur and the Regional Pollution Control Board to ensure that there is no noise pollution by use of loudspeaker or any other device causing noise pollution beyond the prescribed standard in the Noise Pollution (Regulation and Control) Rules, 2000.

However, Islamuddin had alleged that the direction was not being followed and therefore he had sought punishment for the opposite parties for willfully disobeying through the instant plea.

Case Title: Islamuddin v. Sri Rabindra Kumar Mander, D.M. Rampur And Another