SC stays contempt case against Calcutta imams

Counsel for petitioners contended that microphones have been used for azaan since the time the instrument was invented.

They termed the high court directive to the police commissioner to confiscate the microphones from the mosques if used in disobeyance of the court orders, as violative of the Right to Religion as prescribed in Article 25 of the Constitution.

Further they said seizure of microphones from the mosques amounted to invasion of religious places.

The high court on July 17 issued a suo motu contempt ruleasking eight imams to show cause why they should not be committed to prison or penalised for having violated the court order on use of microphones while giving azaan.

The imams, in the SLP, also questioned the authority of the judges to give interview to the media interpreting what constituted right to profess religion.

They alleged that one of the judges of the high court told media that right to religion under Article 25 was subject to other basic rights given in the constitution as use of microphones could impair others Right to Speech.

The high court had directed the alleged contemnors, who had failed to appear before the court despite notices and summons, to be present before it on August 5 personally and not to leave the court without permission.

The Bench said the court had passed a judgement on April 1, 1996, imposing certain restrictions on the use of microphones by all concerned. But in spite of repeated notices, reminders and directions, the order was not carried out by some mosqueauthorities.