The Madras High Court today observed that freedom of religion is a fundamental right which cannot be interfered with but stressed that the Supreme Court guidelines on sound system used by mosques for giving prayer calls should be followed.
The observations were made by the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar during the hearing of a PIL on the matter.
The public interest litigation alleged rampant seizure of loudspeakers used for 'azaan' or the prayer call by mosques in Pollachi taluk in Coimbatore district by officials without verifying whether the sound levels were within the permissible limits or not.
Petitioner
Shaw Nawaz Khan, president of Pollachi "Aikkiya Jamath", sought to forbear the Coimbatore Rural Superintendent of Police and the Additional Superintendent of Police, Pollachi, from confiscating the loudspeakers in the mosques without examining the decibel levels.
When the petition came up, the bench said offering prayers was the fundamental right and it cannot be interfered with.
However, at the same time, it said, the petitioners had to follow the Supreme Court guidelines in operating the sound system. "There can be no doubt that freedom of religion is a fundamental right. The religious practice that do not contravene the law of the land ought not be interfered," it said.