Masjid Kay Samnay Awaz Ka Masla—Imam Fajr Kay Baad High Volume Par Naatein Chalate Hain, Chandah Bhi Mangtay Hain. Ghar Walay Police Complaint Say Rok Rahe Hain. Identity Chhupaye Rakhtay Hue Kya Legal Action Possible Hai?

Public Legal Queries
1

Question:

mera msla ye he k hamare ghr k bilkul samne aik masjid he …imam shb fajar ki azan k bad naatein parhne lag jate full volume me…khud na oarhein to masjid k chote chote bache start hho jate…thursday friday ko chnda mangte ..sara din yehi silsila laga rehta…ki bar mohalle k dusre afrad se kehwane ki koshish ki pr nii sunta…me police complain krna chahti pr ghr wale ni krne dete k maslak ko buniyad bna kr problem na ho jye…kya kiya ja skta he is silsile me..k identity bhi show na ho

Answer:

Based on the details you’ve provided, here’s some legal guidance regarding the disturbance caused by the mosque’s activities:

Firstly, the actions you described may constitute a public nuisance under The Pakistan Penal Code, Section 268, which defines it as any act or illegal omission that causes common injury, danger, or annoyance to the public or people in general who dwell or occupy property in the vicinity. In relation to the noise caused by the Imam and children from the mosque operating at full volume after the Fajr prayer, singing Naats, and seeking donations, the court has addressed such issues in the past. Court can consider that constant and abnormal noise interfering with physical comfort can be an actionable nuisance. MUHAMMAD SHARIF and others VERSUS TIPPU SULTAN and others, 2001 MLD 1299.

Furthermore, The Pakistan Penal Code, Section 294, prohibits obscene acts and songs that cause annoyance to others in public places.

Given the situation, here are potential steps you can take, keeping in mind your concern about maintaining anonymity and avoiding sectarian issues:

  1. Mediation through Community Elders: Since you’ve already attempted this without success, consider involving highly respected and neutral community leaders or elders who can mediate and influence the Imam. This approach can help resolve the issue amicably without direct confrontation or legal action.
  2. File a Complaint with the Local Administration:
  • You can file a written complaint with the local municipal authorities or the Deputy Commissioner’s office, detailing the disturbances caused by the mosque’s activities.
  • Request that your identity be kept confidential to avoid any backlash or sectarian implications.
  • The administration can then investigate the matter and take appropriate action to mitigate the nuisance.
  1. Seek Legal Remedy:
  • You can file a suit for a permanent injunction, as the court has noted that if a trade license has been issued, it does not authorize the licensee to cause nuisance and disturbance to the public**. RAFIQ NASIR versus THE STATE and 4 others, 2000 YLR 393.
  1. Private Nuisance:
  • You can file a case based on private nuisance as the court has stated in Mst. NASREEN RASHID versus Sardar GHULAM FARID, ADDITIONAR DISTRICT JUDOS AND 2 others, PLD 1982 Lahore 555 as constant discomfort to the occupants of one building in the neighborhood, it is sufficient grounds for eviction, even if other buildings are not affected

Conclusion:

Given the factors, it can be concluded that you have legal options to address the nuisance caused by the mosque’s activities. By exploring options such as enlisting community elders, contacting the local authorities, or pursuing legal remedies, you can seek resolution while protecting your identity and fostering community harmony. Each option can be explored while considering personal safety and the potential for conflict resolution.