JUDGMENT M. Katju, J.
1. Heard learned counsel for the petitioner and learned standing counsel. The petitioners and respondent Nos. 2 and 6 are residents of village Asadpur, district Saharanpur
2. The petitioners have prayed for a direction to respondent No. 1 to stop any construction of a new Masjid in place of the room in question and also to stop use of loudspeaker.
3. We have already held in Civil Misc. Writ Petition No. 43403 of 1998, Mohd. Sharif Saifi v. State of U. P, and others, decided on 28.1.1999, that it is a fundamental right of every citizen under Article 25 of the Constitution of India to construct any house of worship whether it is a mosque, church, temple etc, on his own land or any one else's land with the consent of that person. Hence there can be no objection regarding construction of the Mosque and we direct that no one will interfere in the construction of the mosque.
4. We have also issued a humble appeal in Civil Misc. Writ Petition No. 14168 of 1999, Chhidda Khan v. State of U. P, and others, decided on 6.4.1999, by which we have appealed to the general public to refrain from utilizing loudspeakers, whether it is for Akhand Ramayan. Azan, Kirtan. Quawwali or public programmes, functions, marriages, or for any such purposes because this is causing a great deal of inconvenience and harassment to the general public, particularly to persons who may be having heart problems and want to get sound rest, students who wish to study, and others who do not wish to be disturbed.
5. We may further mention that while the right to practise one's religion freely is a fundamental right under Article 25 of the Constitution, the right to privacy is also a fundamental right under Article 21 of the Constitution as held by the Supreme Court in R. Rajagopal v. State of Tamil Nadu. AIR 1995 SC 264 and Mr. X. v. Hospital Z. AIR 1998 (8) SCC 296. Hence both these rights must be read harmoniously.
6. In our opinion use of loudspeakers invades-the right to privacy of the citizens. Hence we are of the opinion that the right to religion under Article 25 and the right under Article 21 must be read together. Nobody has the right to practice religion in a way so as to invade the privacy of others. Hence we again repeat our humble appeal to the citizens to refrain from utilizing loudspeakers, whether it is for Akhand Ramayan, Azan, Kirtan Quawwali or public programmes, functions, marriages, or for any such purposes, etc, as the same causes a great deal of inconvenience and harassment to the general public.
7. We may mention that in England, U.S.A.. Canada, etc, people do not even ordinarily blow the horns of their cars, as this is regarded as bad manners since it causes inconvenience to others. We too must learn civic sense in our country, and avoid causing harassment to others.
8. With these observations and directions the writ petition is finally disposed of.