The Allahabad High Court has directed the Saharanpur police and district administration not to interfere with the recital of Azan five times a day at Ayesha Mosque, provided the petitioners undertake to comply strictly with the Noise Pollution (Regulation and Control) Rules, 2000 and the court’s earlier directions governing the use of loudspeakers.
A division bench of Justice Ajit Kumar and Justice Garima Prashad passed the order on October 1 while dealing with a writ petition filed by Shanawaz Khan and five other residents of Saharanpur district.
The court directed the petitioners to submit an application along with a notarised affidavit signed by them, giving an undertaking that the Noise Pollution Rules and the directions issued by the High Court in its 2020 decision in Afzal Ansari and two others vs State of Uttar Pradesh and two others would be strictly followed.
Once such an application and affidavit are filed, the court said, the police and district administration shall not interfere with the petitioners’ right to recite Azan five times a day at Ayesha Mosque.
At the same time, the bench directed the authorities to ensure compliance with the undertaking. It clarified that if the petitioners breach the conditions stated in the affidavit, the authorities would be free to take appropriate action in accordance with law.
Dispute Over Use Of Loudspeakers
The petitioners had approached the High Court seeking permission to perform Azan five times daily and to use loudspeakers for the purpose. They claimed that despite judicial decisions permitting the use of loudspeakers subject to prescribed conditions, the authorities were not allowing them to use such devices for Azan.
The State told the court that there was no restraint on the petitioners performing Azan. According to the State, the restriction concerned only the manner in which loudspeakers could be used, which remained subject to the Noise Pollution Rules, 2000.
The State submitted that the rules prescribe permissible sound levels and regulate the timings during which loudspeakers can be operated. It also relied on the High Court’s 2020 ruling in the Afzal Ansari case.
What High Court Held In 2020
In the 2020 judgment, the High Court had held that although Azan may constitute an essential part of Islam, its recital through loudspeakers or other sound-amplifying devices could not be regarded as an integral part of the religion.
The court had held that the use of sound-amplifying equipment remained subject to considerations of public order, morality and health, as well as other provisions relating to fundamental rights under Part III of the Constitution.
It had further ruled that district administrations could not permit sound-amplifying devices between 10 pm and 6 am. Their use without permission was illegal, and applications seeking permission were required to be considered in accordance with law, including the applicable noise pollution rules.
The earlier judgment had also clarified that a muezzin could recite Azan from the minarets of a mosque using the human voice without any sound-amplifying device.
In the present proceedings, the petitioners assured the High Court that they would comply with both the Noise Pollution Rules and the directions contained in the 2020 judgment. On that undertaking, the bench granted protection against interference with the five daily recitals of Azan while leaving the authorities free to act in case of any violation.
