Prayagraj, Oct 6 (PTI) The Allahabad High Court has directed Saharanpur police and district administration not to interfere with recital of Azan five times a day at Ayesha Mosque, subject to an undertaking that the action will strictly comply with Noise Pollution (Regulation and Control) Rules, 2000, and the court’s 2020 judgment governing use of loudspeakers for Azan.
A division bench comprising Justice Ajit Kumar and Justice Garima Prashad passed the order on October 1, on a writ petition filed by Shanawaz Khan and five other residents of Saharanpur district.
The petitioners had sought permission to perform Azan five times a day at the mosque and use loudspeakers for the purpose. They contended that despite judicial pronouncements permitting the use of loudspeakers, authorities were not allowing them to use such devices for Azan.
The state, however, informed the court that the petitioners had not been restrained from performing Azan and that the restriction was only on the manner of using loudspeakers, which had to comply with the Noise Pollution Rules, 2000.
The state pointed out that the rules prescribe permissible decibel levels for loudspeakers and specify time limits for their use. It also cited on the high court’s 2020 judgment in Afzal Ansari and two others vs State of Uttar Pradesh and two others.
In that judgment, the high court had held that while Azan may be an essential part of Islam, its recitation through loudspeakers or other sound-amplifying devices could not be considered integral to the religion.
The court had held that the use of sound-amplifying devices was subject to public order, morality, health and other provisions of Part III of the Constitution dealing with fundamental rights.
It had specifically ruled that district administrations could not permit the use of sound-amplifying devices between 10 pm and 6 am. The court had also observed that using such devices without permission was illegal and that applications seeking permission had to be dealt with in accordance with law, including noise pollution rules.
The 2020 judgment had also clarified that a ‘muezzin’ (who summons people for prayer at mosque) could recite Azan from the minarets of a mosque in human voice without using any sound-amplifying device.
In the present case, however, petitioners assured the court that they would not violate either the noise pollution rules or the earlier judicial pronouncement. They submitted that they would strictly follow the prescribed rules and directions regarding use of loudspeakers during Azan, according to the October 1 order.
Against this backdrop, the court directed petitioners to submit an application accompanied by a notarised affidavit bearing their signatures, undertaking to strictly adhere to the Noise Pollution Rules, 2000, and the directions issued by the division bench in the Afzal Ansari case.
The court said if such an application accompanied by the notarised affidavit was filed, police and district administration would not interfere with the petitioners’ right to recite Azan five times a day at Ayesha Mosque in Saharanpur.
At the same time, the court directed police and district administration to ensure that the petitioners abide by the undertaking given in the affidavit.
If the undertaking is violated, authorities would remain free to take appropriate action in accordance with law, the court said. PTI COR KIS ARB
ARB
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