Bombay HC Issues Notice To State, Police & MPCB On Petition By 5 Mosques Over Loudspeaker License Crackdown

Mumbai: The Bombay High Court on Tuesday issued notices to the Maharashtra government, Mumbai Police, and Maharashtra Pollution Control Board (MPCB) on a petition filed by five mosques challenging the removal of loudspeakers and the termination or non-renewal of their licenses.

A bench of Justices Ravindra Ghuge and Milind Sathaye has sought their responses by July 9.

The petition, filed by Anjuman Ittehad O Taraqqui Madinah Jama Masjid and four other mosques, alleges that the police have launched a selective campaign against Muslim places of worship under the guise of a citywide crackdown. It claims the police action disproportionately targets mosques and dargahs.

“The police have set out on a rampage across the city of Mumbai, selectively targeting Masjids and Dargahs,” the petition states. It further claims that notices issued by the police fail to mention dates, times, or decibel measurements of the alleged violations under the Noise Pollution (Regulation and Control) Rules, 2000.

Represented by Senior Advocate Yusuf Muchhala and Advocate Mubin Solkar, the petitioners argue that the police action violates fundamental rights under the Constitution, including the right to practice religion. “The whole movement is targeting the Muslim community and is an instance of hostile discrimination,” the plea reads.

It further alleges that the police are acting at the behest of “vested political interests” and that the action is “actuated by oblique motive and is therefore malicious and should be set aside.”

The petitioners contend that the Azaan is an essential part of Muslim religious practice and the use of loudspeakers is necessary in a city like Mumbai. They have also challenged a circular dated April 11, 2025, issued by the Additional Director General (ADG), Maharashtra, claiming it seeks “irrelevant” details such as land ownership and structural legality of mosques for license renewal.

“These are fishing inquiries… making such interrogations smacks of oblique motives,” the plea states, calling the move a violation of privacy under Article 21.

The mosques have urged the court to issue clear guidelines in line with the Supreme Court’s 2005 judgment on noise pollution.

Last week, the Mumbai Police Commissioner Deven Bharti denied claims of selective targeting, asserting that no particular community had been singled out.

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The present action follows a Bombay High Court order from January 2025, which directed police to act against all religious structures violating noise norms, reiterating that the use of loudspeakers is not an essential religious practice.