Judgment R.S.Garg, J. 1. The Muazzin who was using the loudspeaker is present in the Court. The other members of the Intezamiya Committee are also in attendance. On being asked the Muazzin says that the loud speaker is used at 5.30 in the morning. The statement is made by him in presence of the Collector and the Senior Superintendent of Police. I am shocked to hear this. Under the Bihar Control of the Use and Play of Loud Speakers Act, 1955 and the Rules made thereunder nobody is entitled to play or use loud speakers between 10 p.m. to 6 a.m. On any day and no person has any authority to give permissible to anybody to use and play the loud speakers between 10 p.m. to 6 a.m. Be he a Pujari of a temple or a Priest of a Church or a Gyani of a Gurudwara and Muazzin of a Mosque, nobody is above law. If at 5.30 in the morning somebody uses a loudspeaker for whatever religious faith he has then he is committing an offence under the said Act. Let the Senior Superintendent of Police depute one police Constable at the Mosque who shall see that this Mosque does not commit breach of the law by using the loudspeaker between 10 p.m. to 6 a.m. He shall also see that in accordance with the undertaking given in M.J.C. No. 37/1996 the loud speakers are not used for assembling the people for Namaz. The Senior Superintendent of Police and the Collector shall also see that irrespective of the caste, faith or the religion nobody is allowed to use loudspeakers between 10 p.m. to 6 a.m., and, at the cost of repetition I will say that the comfort of the public at large which are too little in-this State, can not be sacrificed at the edifice of the personal faith and belief. 2. The Muazzin in presence of the Collector, Senior Superintendent of Police, Mr. Arshad Alam and Mr. S.D. Yadav makes a categorical statement that use of loudspeakers at 1 and 4 p.m. has been absolutely restricted but the loudspeaker is being used between 5.15 and 5.30 in the morning. Mr. 2. The Muazzin in presence of the Collector, Senior Superintendent of Police, Mr. Arshad Alam and Mr. S.D. Yadav makes a categorical statement that use of loudspeakers at 1 and 4 p.m. has been absolutely restricted but the loudspeaker is being used between 5.15 and 5.30 in the morning. Mr. Yadav at this stage submitted that Senior Superintendent of Police has appointed/deputed one Assistant Sub Inspector namely, Nand Lal Prasad to see that the orders of this Court are not violated by the Muazzin and the members of the Intezamiya Committee. When a statement comes out from the horses mouth then it speaks bad against the police administration. I an sorry to record that either the ASI is not discharging his duties properly or the Muazzin does not care even for the authority of the police. 3. Let the Senior Superintendent of Police take appropriate action against the said ASI and inform this Court. Put up on 28th February, 2005. The Senior Superintendent of Police and the District Magistrate so also the members of the Intezamiya Committee and the Muazzin shall remain in attendance.