Use of loudspeakers at mosques 'not a fundamental right', rules Allahabad HC

News Network
May 6, 2022

Allahabad, May 6: The Allahabad High Court on Friday ruled that delivering the azaan on loudspeakers is not a fundamental right.

The court made this remark while dismissing a petition filed by one Irfan of Budaun, who sought permission to play Azaan using loudspeakers in the Noori Masjid.

"The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Ever otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed," said the court.

The court further said that although azaan is an integral part of Islam, it stated that delivering it through loudspeakers is not a part of the religion.

"Azaan is an integral part of Islam, but giving it through loudspeakers is not a part of Islam," a bench headed by Justice BK Vidla and Justice Vikas said.

Ruling on the petition, a two-judge bench of the Allahabad High Court had noted that there have been previous instances where courts have ruled that the call for prayer on a loudspeaker is not a fundamental right.

Azaan is the Islamic call to prayers which is given five times at prescribed times of the day. A muezzin is a person who proclaims the call to the daily prayer five times a day at a mosque.

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News Network
April 27,2024

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"I always wanted to be in a bar fight," said a US police official after pinning a Black man down on the ground and kneeling on his neck. The man later died at a hospital.

Ohio Police have come under intense scrutiny following the release of body camera footage showing officers pinning a Black man to the ground in a bar, reminiscent of the events that led to George Floyd's death in 2020.

The video, released by the Canton Police Department, captured the moments leading up to the death of Frank Tyson, a 53-year-old man suspected of leaving the scene of a single-car accident on April 18.

In the footage, officers are seen confronting Tyson inside a bar, where an altercation quickly ensues. Despite Tyson's pleas for help and his repeated cries of "I can't breathe," officers wrestle him to the ground and handcuff him, with one officer applying pressure to his back near his neck while saying, "You're fine." 

Tyson continues to plead for relief while lying on the floor. After several minutes, officers notice his lack of responsiveness and proceed to administer CPR. Paramedics arrive on the scene and transport Tyson to a local hospital, where he later dies.

In the body cam footage, one police officer can be heard bragging about how he always wanted to be in a "bar fight" with one of the patrons of the establishment. 

The circumstances surrounding Tyson's death draw chilling parallels to George Floyd's fatal encounter with Minneapolis Police in 2020 which sparked global outrage. 

The officers involved in Tyson's case, identified as Beau Schoenegge and Camden Burch, have been placed on administrative leave pending an investigation by the Ohio Bureau of Criminal Investigation. 

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News Network
April 28,2024

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Campuses of several US Universities have been witnessing massive protests with the students seeking a ceasefire in Israel's war with Hamas. Police have arrested over 550 protesters and some universities are witnessing violent crackdown of protests by the ruthless cops. 

Law enforcement officials at the behest of college administrators have deployed tasers and tear gas against students protesters at Atlanta's Emory University, even though the protests have been largely peaceful, say activists and media personnel present at the spot.

Emil' Keme, professor of English and Indigenous studies, at the University said that the scene reminded him of the civil war in Guatemala as a teenager.

"Police immediately began to force people to move. I felt like I was in a war zone, with all the police and their weapons, the rubber bullets. We were pushed away," Mr Keme told the Guardian describing what happened as soon as cops entered the Emory campus.

“Police took the student next to me, pushed an older lady nearby and then pushed me.”

Student protesters say they are expressing solidarity with Palestinians in Gaza, where the confirmed death toll has topped 34,305, according to the Hamas-run territory's health ministry. They want universities to cut their investments in everything tied to Israel and weapons that fuel the war in Gaza. That means funds run by BlackRock, Google as well as Amazon's cloud service, Lockheed Martin and even Airbnb.

Video circulated widely on social media shows two women who identified themselves as professors being detained, with one of them slammed to the ground by one officer as a second officer then pushes her chest and face onto a concrete sidewalk.

Atlanta police and Georgia troopers are leading a joint operation within the campus to dismantle the tents and camps the activists have set up at the school's quadrangle. Within minutes of the authorities entering the campus, 28 people, 20 of whom were "Emory community members", had been arrested, the institute said in a statement.

The school president said that the videos of police clashing with the students "are shocking" and that he is "horrified horrified that members of our community had to experience and witness such interactions."

The university's response was likely the quickest show of police force in response to a divestment protest among the dozens nationwide that have occurred in recent weeks. It was also probably the only one where pepper balls, stun guns and rubber bullets were used.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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