Signature of the Sec^^ou Officert, Centre/Filing Section

Submitted o^

of the Advocatefor the petitione^s)

••• ?>"is1:

R E C B P T BReceived Case T3rpe No.of2020

Connected Lower Court Case

To be listed as Main Application onIn Court No.

Special Information, if any

Dated20

15.

16.

Date of;.Transfer?

The Constitution of India

10

Oy.07.2020

Fc.of 20

Case Stage Code (See Table-II)

Acts(s)

Rule(s)

Working Section (See Table-V)

l^nie oi filing

Connected Case type

Lower Cons^ Information (if any)' ^J-

Lower Court details: Dist/High/Tribun&I District

CokuisDistrict Code (See Table-Vi) " '•'' •, '̂-

Lower Court Case No.

Judgment/Order dated

Sub-Group:Group:

WP(Filing Number and date to be givenby the Office)18Arjun Singh

State of West Bengal and Others

Vikash Singh

CASE TYPE (See Tabte-1)No.of 20

DISTRICT CODEPetitioner(s)/Appellant(s|/Appiicant(s)

Respondent(s)/ Opposite

Petitionerjs)/Appellant(s)/Applicant(s)AdvocateRespondent(s)/Opposite Party (Parties)AdvocateSubject Category Code (See Table-Ill)

1.2.

2A.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

HIGH COURT AT CALCUTTA(APPELLATE SIDE)

CHAPTER- XIX *^APPENDIX - flV-

;,FORM - A

PRESENTATION FORM

20^0q^3

0^0^2-

Advocat^-on-Record

Vikash SinghC/o. R. SINGH & ASSOCIATES,ADVOCATESRoom No. 215 , 2nd Floor, "Hastings Chamber",7C, Kiran Stumkar Rov Road.Kolkata - 700001

In the matter of:

An application under Article

226 of the Constitution of India;

And

In the matter of:

Public Interest Litigation;

And

In the matter of:

Subject matter related to:

Group:Head:

of the Classification List;

And

Arjun Singh;Petitioner

Versus

The State of West Bengal & Ors.

•.Respondents

DISTRICT: North 24 Parganas

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

* APPELLATE SIDE

W. P. NO.(W) OF 2020

Serial.NoAs per Register of Notary

•R

0 3 JUL 2020. ^

1-lft.

D-E

B-C

Page NoAnnexure

A copy of the letter dated

01.07.2020

Writ Petition

Points of Law

List of Dates

Details of Documents

INDEXSI. No.

In the matter of:

An application under Article

226 of the Constitution of

India;

And

In the matter of:

Public Interest Litigation;

And

In the matter of:

Arjun Singh;

Petitioner

-Versus-

State of West Bengal 8b Others

,Respondents

. IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDEW. P. NO.(W) OF 2020

DISTRICT: North 24 Parganas

t r

0 3

LIST OF DATESi

Dates . ' '*Particulars. |

May 31, 2020The Respondent no. 1 has issued several orders

and guidelines, in view of COVID-19 p

no religious activity is being carried

In the matter of:

An application under Article

226 of the Constitution of

India;

And

In the matter of:

Public Interest Litigation;

And

In the matter of:

Arjun Singh;

.....Petitioner

Versus

State of West Bengal 8b

Another

Respondents

IN THE-HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDEW.P. NO.fW) OF 2020

DISTRICT: North 24 Parganas

, B -

0 3

.The Respondent No. 1 opened religious places for

devotees with a restriction of ten people inside the

premises at a time from June 1, 2020.

June 1, 2020

i-eligioias place till May 31, 2020

C

JUL 2G2B03

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

• APPELLATE SIDEW. P. NO.(W) OF 2020

In the matter of:

An application under Article 226

of the Constitution of India;

-And-

In the matter of:

Public Interest Litigation;

-And-

In the matter of:

Arjun Singh

Petitioner

-Versus-

State of West Bengal 8b Others

Respondents

POINTS OF LAW

1.Whether the inaction on the part of the respondent no. 1

have violated and infringed the fundamental rights of the

public at large?

2.Whether the respondent no. 1 and 2 is acting in colourable

exercise of power?

DISTRICT: North 24 Parganas

D

0 3 JUL 20ZQ

3.Whether the respondent no. 1 and 2 is acting in deviation

and/or contrary to the principles of fair play, law, equity

and natural justice?

4.Whether there has been complete non-application of mind

on the part of the respondent no. 1 and 2?

5.Whether the acts and misdeed on part of the respondent no.

1 are illegal, arbitrary, capricious, malafide and should be

struck down and/ or set aside?

6.Whether the respondent no. 1 and 2 has failed to executive

authority vested on them?

E

2020

the matter of:

n application under Article 226

f the Constitution of India;

-And-

the matter of:

ublic Interest Litigation;

-And-

the matter of:

rjun Singh, son of late

atyanarayan Singh, residing at

6, B. L. No. 19A, Mominpara,

ost Office 8s Police Station-

agatdal, District-North 24

arganas, Pincode-743125

Petitioner

-Versus-

. State of West Bengal, through

he Secretary, Environment

epartment, having its office

t Department of Environment,

th Floor, Pranisampad Bhawan,

lock LB-II, Salt Lake, Sector III,

idhannagar, Kolkata-700 106;

District: North 24 Parganas

IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION

• '* APPELLATE SIDE

(W) OF 2020

t

0 3

2.West Bengai Pollution Control

Board having its office at

Paribesh Bhavan, 10A, Block-

L.A., Sector ^ III, Salt Lake City, * :

Kolkata- 700 106;' •

3.Union of India, through

Secretary, Ministry of Law 8b

Justice, having its office at 11, • •

Strand Road, Kolkata-700001• I

Respondents

i

ToThe HonT^le Thottahil B. Radhakrishnan, Chief Justice and His

Companion Justices of the said HonT^le Court. ,i

The humble petition of the

petitioner abovenamed most:

respectfully

SHEWETH:;1.The petitioner is a citizen of India. The petitioner is a sociali

worker and a member of Lok Sabha.

12.The respondents are the State within the meaning of Article

12 of the Con^titution of India. In any event, the acts and

omissions of the respondent no. 1 8b 2 impugned have infringed thej

Fundamental Rights- and other constitutional rights of the . ;

petitioner and people at large and as such responde

0 3 JUL 2020

amenable to the exercise of the writ jurisdiction of this Hon^ble

Court under Article 226 of the Constitution of India.

3.The petitioner is filling the instant writ petition in public

interest. The petititioner have no personal interest or benefit in the

instant litigation and the petition is not guided by self gain or for*gain of any other person/institution/body and there is no motive

othen than of public interest in filing the instant public interest

litigation. The Petitioner has no private interest in this litigation.

4.Your petitioner ^states that Petitioner is peace loving and law

abiding citizen of India and a Member of Parliament. He has

dedicated his life to social service to the public at large and deeply

concerned with the COVID-19 pandemic.

5.Your Petitioner .submits that the Central Government as well

a.s State Government has issued serveral Orders and guidelines, in

view of COVID-19 pandemic and no religious activity is being

carried out at any religious place till May 31, 2020. The

Respondent No. 1 opened religious places for devotees with a

restriction of ten people inside the premises at a time from June 1,

2020. The Responde^t No. 1 extended the state-wide lockdown till

July 31, 2020. The Petitioner craves leave to produce the said

Government Orders and Guidelines at the time of hearing, if

necessary.

6.Your petitioner submits that, Azan, Islamic call to prayer, is

called out by Muzzein from the mosque five times a day. The

outdoor loudspeakers are mounted on tall minarets, are used fi

times a day for the call to prayer, sometimes starting as early

a.m. Some mosques have the loudspeakers which are powerful

enough to be heard as far as 5 km away from it. In areas where

more than one mosque, the loudspeakers sound overlap one

another, especially in the early morning. Loudspeakers are

sometimes also used inside mosques to deliver sermons or for

prayer.

7.Your petitioner submits that Azan is a call for congregation

to offer prayers at the mosque, therefore it is a violation of the

Covid 19 Guidelines. It is illegal and must be stopped by the

respondent authorities.

8.It is pertinent to mention here that during the period of

lockdown with co-operation of other religious groups, no

loudspeakers/ amplifiers have been used during festivals like

Navratri, Ram Navmi, Poila Baisakh and Hanuman Jayanti.

9.Your petitioner submits that in terms of Rule 5(1) of the

Noise Pollution Rules, a loud speaker or public address system

shall not be used except after obtaining permission from the

Authority under the Noise Pollution Rules. The 5(2) of the said

Rules provides that a loudspeaker or a public address system or

any sound producing instrument or a musical instrument or a

sound amplifier shall not be u^ed at night time except in closed

premises such as auditorium,

community halls or during a

under the said Rules defines ni;

the period between 10.00 p.m. tjo 6.00 a.m. and 6.00 am to 10.00

pm respectivey. Thus, even if permission is granted under Rule 5(1)

of the said Rules to Use loudspeakers or public address syste

u

conference halls, banquet halls,

public emergency. The Schedule

;ht time and day time which mean

0 3 JUL.20W

that a citizen has a right to

and right to remain silent.

13. Your petitioner submits

right to sleep, right riot to hear

under Article 19 (l)(a) of the Constitution of India. No one has got

the right to make other persons captive .listeners. One cannot

disturb others basic human ri ^hts and fundamental rights. Use of

loud-speakers can cause hearing loss, disturbance of sleep,

interference with communication, annoyance -etc. and other

diseases^ Right to sleep is not only a fundamental right but it is to

be conceded to be a basic human right.

that use of loud-speakers otherwise

fundamental rights of the citizens

12. Your petitioner submits

in accordance with law affect:

noise pollution is a fundamental right protected by Article 21 of the

Constitution of India. Noise pollution beyond permissible limit is

hazardous which violates the fundamental rights of citizens.

that right to live in freedom from11. Your petitioner, submits

a tremendous impact on the nervous system of human being.

that sound is a known source of

:fect of sound on human body is has

Government to specify in advance,

the days on which such exemption

10. Your petitioner submits

pollution. The adverse and ill e

requires the concerned State

the number and particulars of

would be operative. •

the same cannot beuised between 10.00 pm to 6.00 a.m. TheRule

5(3) of the said Rules confers power of relaxation on the State

Government and permit the use of loudspeakers or public address

system during night time between 10.00 p.m. to 12.00 midnight on

or during any cultural or religious festive occasion not exceeding

fifteen days in all during a calendar year. The said exemption

Fundamental Rights of the public at large.

IS. The petitioner states that the inaction on part of the

respondent, authorities is- arbitrary, unreasonable, irrational and

disproportionate.

and 2 are allowed to carry on its

would blatantly infringe the

17. If the respondent no 1

illegal activities, the sarm

however no avail. A copy of the said letter is annexed hereto and

marked as ^P/l".

16. However, the illegal acts and/ or omissions by the.respondent

no. 1 is designed towards negating the rightand/or title and/or

interest of the public at large.

use of loudspeaker and amplifier,Respondent, no. 2 to stop the

15. Your petitioner submits that your petitioner wrote a letter to

noise emanate from use of loud^speaker has to be controlled by all

means in as much as use of such loud-speaker and/or

microphones is a serious threat to public life and health.

14. Your petitioner submits that the tremendous sound and/or

: may create health problems.had an adverse effect on them. I

compelled to bear this serious impact of sound pollution which has

from nervous disorder may bepatients or patients suffering

also the right to read and speak with others. Use of microphones

certainly takes away the right of the citizens*to speak with others,

their right to read or think or the right to sleep. There may be heart

3 JU1.2Q2^

VI. FOR THAT the respondent no. 1 and 2 have failed to

executive authority vested on them . •

20. The petitioner craves ^^ave of this Hon'ble Court to urge

additional ground at the time of hearing.

no. land 2 are illegal, arbitrary, capricious, malafide

omissins on part of the respondentFOR THAT the acts andV.

III.FOR THAT the respondent no. 1 and 2 is acting in deviation[ •• ^••

and/or contrary to the principles of fair play, law, equity and

natural justice

IV.FOR THAT there has been complete non-application of mind

on the part of the respondent no. land 2

trio. 1 and 2 is acting in colourable

fundamental ^ights of the public athave violated and infringed the4

large

II.FpR'THAT the responden

exercise of power

FOR THAT the inaction en the part of the respondent no.. I

GROUNDS

I.

r Article 226 of the Constitution of

3ther

move this writ application unde

India on the following, amongst

Azaan, the petitioner intends toloudspeakers in mosque during

19. Being aggrieved by and dissatisfied with usage of

0 3

petitioner undertakes that the instant petition shall be affir

26. The petitioner states tha: in view of the outbreak of the

pandemic namely, COVID 19 ard due to prevailing situation it is

not possible for him \o affirm th^ instant petition. As such, the

ie has not moved any other forum

same cause of action;

25. The petitioner states that

or this Hon'bie Court on the self

23.The records of the case ^re lying within the jurisdiction of

this Honhle Court.'

24.The petitioner has a. strong prima facie case on records and

the preponderance of balance of convenience is in his favour, and

the orders prayed for being passed.

urt. in any event the impugned

ion and violative of Part III. of the

e to judicialreview.Constitution of India, is amenab

22. The petitioner states that, in order to decide the present

dispute and in particular the issue raised in this writ application,

this' Hon*ble Court is not required to return any finding on facts

which require any evidence to be adduced other than plain

consideration of the subject matter. As such, alternative remedy, if

there be any, cannot be a bar to exercise of the extraordinary writ

jurisdiction of this Hoh'ble Co

decisions being v/ithout jurisdic

he has nc other adequate or

s sought for if granted will be full,

reliefs prayed for are not granted

s and injury.

I%*-^P*.•*i ' " '"H

21. The petitioner states

efficacious remedy and the relie:

adequate and proper and if the

then he will suffer irreparable lo

th^t

If.

0 3

c) A writ of and/or in the nature

of Mandamus commanding the

respondent no. 1 8b 2 to s

b) Dispensation of service in

terms of Rule 26 of the Appellate

Side Rules of this Honhle Court;

In thesecircumstances, your

petitionerhumbly prays Your

Lordships' for the following

orders:

a) Exempt the petitioner from

filing duly affirmed affidavit in

the prevailing circumstances and

further grant leave to the

petitioner to deposit deficit court

fees within 48 hours of opening

of the Hon^le High Court, after

attainment of normalcy;

128. This petition is made bo^^a fide and in the interest of justice.

27. The Advocate on Record Of the instant case is Vikash Singh

and his email address is vikash@rsinghassociates.com and mobile

no. is 9903072141. He intends to avail the Virtual Hearing.

and requisite court fees shall

resumption of normal functioning of this Hon'ble Court.

be deposited within 48 hours of

202^0 3

e)A Writ of and/or in the nature

of Certiorari do issue directing

the respondent no. 1 & 2 and

each one of them to forthwith

certify and transmit to this

Hon'ble Court all the records and

documents pertaining to this

instant case, so that

conscionable justice. may be

administered; "

f)Rule NISI in terms of prayers

above;

g)Ad interim orders in terms of

prayers above;

use of ! loudspeakers and

amplifiers during Azaan;

d) A Writ of and/or in the nature

I of Prohibition do issue directing

: the respondents and each one of

i] them to allow the use of

: loudspeakers and amplifiers

during Azaan in any manner

whatsoever;

10t

3 jui

And for this act of kindness, your petitioner, as in duty bound,

shall ever pray.'

' h) To pass such other or furtheri

order of orders as Your Lordships

i may deem fit and proper

• f

11

•• if

Solemnly af^fmWd/declarebefore me ah Id^tifiibaiion by

Ld '

ABDUL HA^l^ MOLLA^No^ary Public

Jovernmont oV IndiaReg. No.- 93B0/2011High Court, Calcutta

M-9831104098>

0 3 JUL

Advocate

I certify all the annexure are legible

Advocate

Deponent known to me

Advocate

Prepared in my office

2. The statements ^ade in paragraph of the foregoing application are

true to my knowledge and believed by me to be true and the statements

contained in paragraph are my most respectful submissions before this

Hon'ble Court.

1. That I am the appellant/petitioner herein and as such, I am fully

acquainted with the facts and circumstances of this case. I am

competent to affirm this affidavit.

I, Arjun Singh, son of late Satyanarayan Singh, residing at 36, B. L. No.

19A, Mominpara, Post Office 8b Police Station- Jagatdal, District-Northi•

24 Parganas, Pincode-743125; do hereby solemnly affirm and say as

follows:-

t

Sub: To stop the use of loudspeakers and amplifiers during Azaan in the >

State of West Bengal,

•Sir,.• , .s

•••*iPlease note that the Central Government as well; as State Government hasissued several Orders and guidelines, in view of COVID-19 pandemic and noreligious activity is being carried out at .any religious place till May 31, 202.0.The State of West Bengal opened religious places for devotees with a restriction .

of ten people inside the premises at a time from June 1, 2020.

Please further note that despite of such orders and guidelines, Azan, Islamic

call to prayer, is called out.by.Muzzein from the mpsque five times a day. Theoutdoor loudspeakers are mounted on tall minarets, are used five times a day „for the call to prayer, sometimes starting as early 4 a.m. Some mosques have!

the loudspeakers which are. powerful enough to be heard as far as 5 km away (from it. In areas where more .than one mosque, the loudspeakers sound overlap •one another, especially in the early morning. Loudspeakers are sometimes also '

used inside mosques to deliver sermons or for prayer.

Azan is a call for congregation to offer prayers at the mosque, therefore it is aviolation of the Covid 19 Guidelines. It is illegal and" must be stopped by therespondent authorities. During the period of lockdowri with co-operation of

July 1,2020

To"

West Bengal Pollution Control Board,"Paribesh Bhavan", 10A, Block-L.A.,

Sector - III, Salt Lake City,

Kolkata- 700106

+91 96363 19507;+91 96364 61807'

2i6f

•T

#•

i '*•

1

. other religious, groups, no* loudspeakers/ amplifiers have been "used duringfestivals like Navratri, Ram Navmi, Poila Baisakh ^nd Hanumari Jayanti.1•, • fi

.. IIn terms of Rule 5(1) of the Noise Pollution Rules, a loud" speaker or publicaddress system shall not be used except after obtaining permission from theAuthority under the Noise Pollution Rules. The 5(2) of the said Rules providesthat a loudspeaker or a public address system- or any sound producinginstrument or a musical instrument or a sound amplifier shall not be used atnight time except in closed premises such as auditorium,' conference halls,banquet- halls, community halls or during a public emergency. The Scheduleunder the said Rules defines night time and day. rime .which mean the period

between 1^0.00 p.rp. to 6.00 a.m. and 6.00 am to 10.00 pm respectively. Thus,even if permission'is. granted under Rule 5(1) of the said Rules to- use1

loudspeakers or public address systems,. the same cannot be. used between10.00 pm. to ^-00 a.m. The Rule 5(3)[ of-the sajd Rules" confers power of

relaxation on the State Government and. permit the use of loudspeakers orpublic address system during night time between 10.00 p.m. to 12.00 midnight

on, or during any cultural or religious festive occ^sion not .exceeding fifteen

days in all during a calendar'year. .,. / '

Please note, that, sound is-a known source of pollution. The adverse and ill

effect of sound -on human body is has a tremendous impact on the nervoussystem of human being.^ Right to live in freedom from noise pollution is af^ndamental.right protected by Article .21 of. the.Constitution, of India.. Noisepollution, beyond permissible^timit is hazardous which violates the fundamentalrights of.citizens.- '. ' I i < .- .,^.;•• A

Please note that use of loud-speakers otherwise in accordance with law affectsfundamental riglits of the^Citizens under Article 19 (l)(a) of the Constitution or

India..No one has got the right to make o^^xer persons^ captive listeners. One.cannot disturb..others basic hqman .right^ and-.fythdainental .rights. Use of

^f+9^ 9836,3 19507+91 98364 61807

216, ^

iii*• >

-' ' i

(Aijun Singh)

Thanking you

Yours faithfully

Please note that the tremendous ^ound and/or noise emanate from use ofloud-speaker has to be controlled by all means in as much as use of.such loud

speaker and/or microphones is a serious threat to public life and health.

'Azan' is ah essential part of Islam but use of loudspeakers and. amplifiers is

not ah-essential part of it._ •. " •, . •,........ ,.•'•

I hereby request you to kindly immediately stop the use of loudspeakers and

amplifiers during Azaan in the State of West Bengal.

I-

loud-speakers can cause hearing loss, disturbance of sleep; interference withcommunication, annoyance etc. and other diseases: Right to. sleep is not only a

fundamental right but it is to be conceded to be abasichuman right.

.Please note that a citizen has a right to leisure, right to sleep, right not to hearand right to remain silent. He has also, the right to read and speak with others.Use of microphones certainly takes away the right of the citizens to speak with

others, their right to read or think or the right to sleep. There may be heartpatients or patients suffering from nervous disorder may be compelled to bear

this serious impact of sound pollution which has had an adverse effect on

them. It. may create health problems.

^91^8363 19507+91 98364 61807

216,

R. SINGH & ASSOCIATES, ADVOCATESRoom No. 215, 2nd Floor,"Hastings Chamber",7C, Kiran Shankar Roy Road,Kolkata-7G?0001E-mail: vikash@rsinghassociates. com

Mobile no.: 9903072141

\

WRIT PETITION0 3 JUL 2020

In the matter of:

An application under Article 226 of the

Constitution of India;

And

In the matter of:

Public Interest Litigation;

And

In the matter of:

Arjun Singh;

Petitioner

Versus

The State of West Bengal & Ors.

Respondents

District: North 24 Parganas

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

W. P. NO.(W) OP 2020