K’taka HC restores mosque’s loudspeaker licence, says police denied hearing

Bengaluru: The Karnataka High Court has restored a mosque’s licence to use loudspeakers for azaan and other religious activities, holding that the police had cancelled the permission without issuing a notice or providing the mosque authorities an opportunity to be heard.

Justice Suraj Govindaraj, in an order dated August 31, disposed of a petition filed by Isak Punchame, president of the Islamic Education Centre. The court treated the August 13, 2025 order issued by the Deputy Superintendent of Police (DySP), Bantwal sub-division, as a show-cause notice rather than a final cancellation order.

As a result, the loudspeaker licence would remain valid until the authorities take a fresh decision in accordance with the law, the Indian Express reported.

The court emphasised that an authority cannot exercise its statutory powers without complying with the procedural requirements attached to them, including the principles of natural justice.

The case concerns the use of loudspeakers at a mosque in Kariyangala village and a complaint by a local resident who alleged that the sound from the mosque during Ramzan prayers was causing disturbance.

The government had argued that the Kariyangala village panchayat had already issued a notice on July 31, 2025, citing the absence of an approved building plan for the premises where the loudspeakers were installed. It also contended that the existence of a dispute entitled the police to cancel the loudspeaker licence.

The High Court rejected this argument, noting that the panchayat’s notice could not substitute for a notice from the police authority that had issued the loudspeaker licence. Since the DySP had not issued any notice to the petitioner, the court held that Punchame should have been given an opportunity to respond before any decision was taken.

The court directed Punchame to submit his response to the notice by September 10. The DySP was then asked to consider the objections and pass an appropriate order in accordance with law.

The dispute began after a resident, identified as Yogesh, filed a private complaint before the jurisdictional magistrate in September last year. He alleged that local Muslims had begun religious activities during Ramzan and were using loudspeakers for the azaan five times a day, which he claimed was disturbing other residents.

The magistrate took cognisance of the complaint and directed the police to register a case against Punchame under provisions of the Karnataka Police Act and the Bharatiya Nyaya Sanhita. Following an investigation, the police filed a chargesheet before the court.

The High Court, however, pointed out a timing discrepancy in the proceedings: the chargesheet was filed in September 2025, whereas the police order cancelling the loudspeaker licence had been issued in August 2025.

Punchame told the court that he headed the Islamic Education Center, a registered charitable trust that had constructed a building on its property and conducted various social and religious activities for local residents, including daily prayers.

According to his petition, the trust had obtained police permission in July 2025 to use loudspeakers and public-address systems for these activities, in accordance with Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000.

Punchame challenged the subsequent cancellation of the licence, arguing that the police had acted without issuing him a prior notice or providing a reasonable opportunity to present his case. He also contended that the cancellation interfered with the trust’s ability to conduct lawful religious, social and cultural activities, subject to applicable noise regulations.