Allahabad HC dismisses contempt plea filed regarding usage of loudspeakers in Temple, Mosque as it is sponsored litigation to affect communal harmony of State keeping in mind the State Elections

Allahabad HC dismisses contempt plea filed regarding usage of loudspeakers in Temple, Mosque as it is sponsored litigation to affect communal harmony of State keeping in mind the State Elections

The Allahabad High Court dismissed a contempt plea filed regarding usage of loudspeakers in Temple, Mosque as it is sponsored litigation to affect communal harmony of the State keeping in mind the State Elections.

Background 

The contempt application has been filed under Section 12 of the Contempt of Courts Act, 1971 for punishing the opposite party for willfully disobeying the order passed by the writ Court in Public Interest Litigation (PIL) directing 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.

Decision 

The single judge bench of Justice Rohit Ranjan Agarwal noted that the complaint was against one community of the society and discrimination against other member of the society. According to the applicant, it was in the year 2021 that certain people started using loudspeakers in the Temple as well as Mosque which led to noise pollution. A letter addressed to the Superintendent of Police, Rampur, which has been brought on record.

The court further noted that the timing of contempt application is, when the 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. 

The court while dismissing the petition, found that no case of indulgence is made out as the Court cannot be a party to such action of any individual which tries to destabilize the communal harmony of the State.

Case title: Islamuddin v/s Sri Rabindra Kumar Mander, D.M. Rampur and Anr.

Citation: CONTEMPT APPLICATION (CIVIL) No. – 503 of 2022

Click here to read the Order/Judgment

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