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Title:
Ashik v. Bandula And Others
Party:
Sri Lanka
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
March 09, 2007
Data source:
InforMEA
Court name:
Supreme Court
Seat of court:
Columbo
Justice(s):
C.J. Sarath N. Silva, J. Tiiakawardane, J. Somawansa
Reference number:
[2007] LKSC 4
ECOLEX subject(s):
Legal questions
Abstract:

In this case, the plaintiffs challenged the decision refusing the loudspeaker permit for their mosque. The application was rejected because it raised several issues of sound pollution.

The plaintiffs claimed that the rejection of the loudspeaker permit was an infringement of their fundamental rights and of the freedom of religion. The defendant claimed that noise of this type was an atmospheric pollution and that there were a lot of people with other religious beliefs living in the neighbourhood.

The Supreme Court considered that there was no fundamental right to make noise and that the freedom of religion could not be used to legitimate noise pollution. As a result, the Court ordered all loudspeaker permit issued for religion purpose to be cancelled, except for religious special events.