LUCKNOW: The Allahabad High Court has directed the Saharanpur police and district administration not to interfere with the petitioners’ right to perform Azan five times a day, subject to their undertaking to comply with the Noise Pollution (Regulation and Control) Rules, 2000 and the High Court’s 2020 judgment on the use of loudspeakers for Azan.
The petitioners, Shanawaz Khan and five others, had sought permission to perform Azan five times a day at the Ayesha Mosque using loudspeakers, alleging that authorities were not allowing their use despite court judgments on the issue.
The State, however, informed the court that the petitioners were not being prevented from performing Azan and that the restriction concerned the use of loudspeakers, which must comply with the Noise Pollution Rules.
A Division Bench comprising Justice Ajit Kumar and Justice Garima Prashad passed the directive while disposing of the petition filed under Article 226 of the Constitution.
During the hearing, the State said the rules prescribe permissible decibel levels for loudspeakers and specified timings for their use. It also relied on the Allahabad High Court’s 2020 judgment in Afzal Ansari & Two Others v. State of UP & Two Others.
In that judgment, the Court had held, “Azan may be an essential and integral part of Islam, but recitation of Azan through loud-speakers or other sound amplifying devices cannot be said to be an integral part of the religion”.
The judgment held that the use of sound-amplifying devices was subject to public order, morality, health and other provisions of Part III of the Constitution. It specifically stated that such devices could not be permitted between 10 PM and 6 AM by district administrations, and that their use without permission was illegal. Applications seeking permission must be dealt with in accordance with law, including the Noise Pollution Rules.
The judgment also clarified that a muezzin could recite Azan from the minarets of a mosque in the human voice without using an amplifying device.
In the present case, the petitioners assured the court that they would comply with the Noise Pollution Rules and the earlier judgment and would use loudspeakers during Azan only in accordance with the applicable rules and directions.
The High Court directed them to submit an application accompanied by a notarised affidavit undertaking to strictly adhere to the Noise Pollution Rules, 2000, and the directions issued in the Afzal Ansari case.
The Court then directed that, if the application and affidavit were filed the police and district administration would not be interfering in the petitioners' right to perform Azan five times at Ayesha Mosque.
At the same time, it directed the police and district administration to ensure compliance with the undertaking.
“If the undertaking is violated, the authorities would remain free to take appropriate action in accordance with law," the Court clarified.