#BREAKING Calcutta High Court hearing a plea challenging the WB...
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Aug 13, 2026
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#BREAKING Calcutta High Court hearing a plea challenging the WB Govt’s order to remove #loudspeakers from #Mosques and other religious places.
Sr Adv Kalyan Bandopadhyay: They have removed loudspeaker used for Azaan from 4000 mosques. No written order will be served, but police implement it. This is settled law that loudspeakers are allowed within the decibel limit.
#CalcuttaHighCourt
Sr Adv Kalyan Bandopadhyay: They have removed loudspeaker used for Azaan from 4000 mosques. No written order will be served, but police implement it. This is settled law that loudspeakers are allowed within the decibel limit.
#CalcuttaHighCourt
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Bandopadhyay: These speakers are used for calling Azaan.
Court: what have they done?
Bandopadhyay: the police have gone and removed all loudspeakers from mosques
#CalcuttaHighCourt
Court: what have they done?
Bandopadhyay: the police have gone and removed all loudspeakers from mosques
#CalcuttaHighCourt
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Bandopadhyay: there was a meeting with all different religious officials and police. The police issued a direction to them to remove all loudspeakers from mosques. They failed to produce any written order or circular from the state govt.
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Bandopadhyay: it is submitted that similar meetings and directions have been issued all over the state indicating a pattern of action. Police officers have been going to the mosques on a regular basis. What is happening in West Bengal?
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Bandopadhyay: they have been insisting that the loudspeakers be removed immediately. This is happening continuously, and they expect immediate compliance.
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Court: where do you find 4000 mosques?
Bandopadhyay: this is the statement of the chief minister. He speaks in the assembly but never issues any order.
Bandopadhyay: this is the statement of the chief minister. He speaks in the assembly but never issues any order.
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Court: what interim order are you wanting?
Bandopadhyay: to allow us to use the loudspeaker
Court: did you make such prayer to the authority?
Bandopadhyay: how? For 4000 mosques how can I do it?
Court: the details of all these are not here
Bandopadhyay: to allow us to use the loudspeaker
Court: did you make such prayer to the authority?
Bandopadhyay: how? For 4000 mosques how can I do it?
Court: the details of all these are not here
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Bandopadhyay: it’s a PIL my lord. If your lordship goes on technicalities I have no case
Court: we are asking which are these 4000 mosques?
Bandopadhyay: they are all over West Bengal
Court: we are asking which are these 4000 mosques?
Bandopadhyay: they are all over West Bengal
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Bandopadhyay reading earlier HC order allowing the use of loudspeakers, which was upheld by the Supreme Court.
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Bandopadhyay: they have now allowed day time and night time use of microphones. Although earlier night time use was prohibited. Kindly see the central govt rules.
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Bandopadhyay: the states circular is in consonance with the rules. Therefore the legislators took care of decibel limit or time factor. If this the rule then at the time of Azan, loudspeaker can be used also before 7am
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Court: but for that Azan loudspeaker is not needed? What is your grievance now? Azan has not been stopped
Bandopadhyay: loudspeakers are removed
Court: before 6am you couldn’t use anyway. So I want to know that do you need to use loudspeaker to perform Azan? Why you are required to use that have you stated ?
Bandopadhyay: loudspeakers are removed
Court: before 6am you couldn’t use anyway. So I want to know that do you need to use loudspeaker to perform Azan? Why you are required to use that have you stated ?
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Bandopadhyay: a division bench of this court has already decided that. It is not a fundamental religious right but it was held that when everyone can use loudspeaker during Azan it can be used subject to timings and decibel limits.
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Bandopadhyay: why the religious discrimination?
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Bandopadhyay: if anyone in violation of the orders uses, then police has authority to confiscate and prosecute. Loudspeakers during Azan are allowed subject to that restriction
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Bandopadhyay: there is not any written order from them. Over telephone they are trying to stop it. Police is going and removing the loudspeakers. If I have violated then start a criminal case. Court will decide.
Here police is judging the entire case and not allowing any use of loudspeakers.
Here police is judging the entire case and not allowing any use of loudspeakers.
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Bandopadhyay: an order must be there for a government decision. Then I challenge, here this is a random practise.
Court: this are your allegations for entire West Bengal.
Bandopadhyay: they have to respond. Let them say they have not removed.
Court: this are your allegations for entire West Bengal.
Bandopadhyay: they have to respond. Let them say they have not removed.
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Court: suppose today that the interim order, do you want us to direct the state from removing any loudspeaker
Bandopadhyay: yes
Court: if we pass this order, when it comes to us in contempt, how will we implement that order ? There must be specific instances
Bandopadhyay: then restrict it to the Hooghly district
Bandopadhyay: yes
Court: if we pass this order, when it comes to us in contempt, how will we implement that order ? There must be specific instances
Bandopadhyay: then restrict it to the Hooghly district
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Court: this needs to be verified. We need to know the stand of the state
Interim order, please tell us. They will ask for time to file an affidavit
Bandopadhyay: will court not pass an interim order because many contempt petitions can come?
Interim order, please tell us. They will ask for time to file an affidavit
Bandopadhyay: will court not pass an interim order because many contempt petitions can come?
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Bandopadhyay: your lordships will implement. I will not come up in contempt as a vague thing. I am also a responsible person. These are imams not street persons.
I am only asking for the HC order to be implemented
I am only asking for the HC order to be implemented
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Advocate General: if your lordships are not considering passing an interim order then I shall take instructions and come back
Otherwise I shall submit that this petition shall be dismissed with exemplary cost.
Otherwise I shall submit that this petition shall be dismissed with exemplary cost.
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AG: who is the petitioner? A lawyer, not a lay person. So he knows
Kindly see the pleadings.
Court: what is your stand on the allegations?
AG: it was served yesterday. Can the court proceed on the basis of allegations? Not a single name is mentioned
Kindly see the pleadings.
Court: what is your stand on the allegations?
AG: it was served yesterday. Can the court proceed on the basis of allegations? Not a single name is mentioned
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AG: if police calls for a meeting then that is a representation. Who was the officer? They have not said
Where have they said about the removal of loudspeakers by police? There is no whisper that police has removed anything
Where have they said about the removal of loudspeakers by police? There is no whisper that police has removed anything
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AG: police did not do anything. Who are these police visiting the mosque regularly? There are no particulars
Which mosque? They say 4000 mosques. Not a single detail
Court: are you saying police has not gone there?
AG: I have to take instructions
Which mosque? They say 4000 mosques. Not a single detail
Court: are you saying police has not gone there?
AG: I have to take instructions
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Court: you are right about the averments. They are saying there is no written order
AG: you are proceeding on the basis that direction was given.
Court: no no. What is the substance in this fact? You are saying no police had gone there
AG: the petition doesn’t say
AG: you are proceeding on the basis that direction was given.
Court: no no. What is the substance in this fact? You are saying no police had gone there
AG: the petition doesn’t say
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AG: if someone comes before the court they have to establish their case. Has he said that a particular police officer has done this? Was this not required? Not a single imam has come forward. The petitioner is saying
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AG: everything goes based on this.
Court: we understand. But we want to examine as the HC has passed a slew of orders. Now they allege the police is threatening. How do you respond to that ? Are you saying it is absolutely false?
AG: kindly keep it on Tuesday, I can take instructions
Court: we understand. But we want to examine as the HC has passed a slew of orders. Now they allege the police is threatening. How do you respond to that ? Are you saying it is absolutely false?
AG: kindly keep it on Tuesday, I can take instructions
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Court: their allegation is that you have removed the loudspeakers with instructions from the police station
AG: I have called a meeting. That is the allegation, again without particulars. Today when someone calls someone we know who is calling
AG: I have called a meeting. That is the allegation, again without particulars. Today when someone calls someone we know who is calling
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AG: I shall take instructions, kindly keep it for Tuesday
Bandopadhyay: if he has finished I will point out. We are not in a trial on suit.
Court: this is a fact that there is no averments in the writ petition that police has entered the mosque
Bandopadhyay: if he has finished I will point out. We are not in a trial on suit.
Court: this is a fact that there is no averments in the writ petition that police has entered the mosque
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Bandopadhyay: we have given the details and police station. I will give their numbers?
Kindly see we have written that police officers have been visiting the mosque and have insisted that the loudspeakers be removed. They have not by hand removed it but have given pressure for them to be removed
Kindly see we have written that police officers have been visiting the mosque and have insisted that the loudspeakers be removed. They have not by hand removed it but have given pressure for them to be removed
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Court (dictating order): matter adjourned for state to take instructions
Hearing ends
Hearing ends
