Karnataka court restores mosque’s loudspeaker licence, faults police action

The Karnataka High Court has reinstated a mosque's licence to utilise loudspeakers for azaan (prayer call) and other religious activities, declaring that the police illegally revoked it without providing due notice or adhering to the principles of natural justice. Justice Suraj Govindaraj delivered the judgment on August 31, dismissing the petition submitted by Isak Punchame, the president of the Islamic Education Center, stating that the deputy superintendent of police's (DySP) order on August 13, 2025, should be disregarded as a show cause notice.

The court emphasized that any authority issuing an order without adhering to the necessary requirements is invalid. The dispute arose from the use of loudspeakers by the mosque in Kariyangala village, triggered by a complaint from a local alleging disturbance during Ramzan (Ramadan) prayers. The court rejected the government advocate's argument that the Kariyangala village panchayat had issued a notice on July 31, 2025, due to the loudspeakers being installed in premises lacking plan sanction.

The court held that the police, as the license-issuing authority, were obligated to provide the petitioner with notice and an opportunity to present his case before taking any action. The court instructed the petitioner to respond to the notice by September 10 and directed the DySP to consider the objection or reply before issuing further orders.

The case originated from a complaint filed by a resident, Yogesh, with the magistrate court in September last year, alleging that Muslims were conducting religious activities during Ramazan and using loudspeakers for the call to prayer five times daily, causing disturbance to other residents. The police registered a case against Punchame under the Karnataka Police Act and the Bharatiya Nyaya Sanhita after the investigation.

However, it was noted that the chargesheet was filed in September 2025, while the licence cancellation order was passed in August 2025. Punchame argued that he is the president of the Islamic Education Center, a registered charitable trust that built a facility for social and religious activities, including daily prayers and other religious functions.

He obtained permission or licence from the police in July 2025 to use loudspeakers, in accordance with Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000. Punchame contended that the cancellation of the licence infringed his right to conduct lawful religious, social, or cultural activities while complying with statutory noise limits.