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Permits Azan With Loudspeakers At Ayesha Mosque If Noise Rules Followed
The has directed the district administration and police in Saharanpur not to interfere with the five-time Azan at Ayesha Mosque, provided the petitioners comply with the and the directions in the 2020 Afzal Ansari judgment. A of Justice Ajit Kumar and Justice Garima Prashad disposed of the writ petition filed by Shanawaz Khan and five others.
A Dispute Over Loudspeakers
The petitioners approached the High Court under seeking a to permit them to perform Azan five times at Ayesha Mosque in Village Pathed, Saharanpur, and to use loudspeakers. They argued that despite judicial pronouncements allowing loudspeaker use, the authorities were not permitting them to do so.
The State law officer, however, submitted that there was no restraint on performing Azan itself. The restriction, he clarified, pertained only to the manner of using loudspeakers, which must comply with the Noise Pollution Rules, including decibel limits and time restrictions. The State relied heavily on the earlier judgment in Afzal Ansari & 2 Others v. State of U.P. & 2 Others (PIL No. 570 of 2020), which had conclusively addressed the issue.
The Precedent: Afzal Ansari Judgment
The 2020 judgment held that while Azan is an essential and integral part of Islam, its amplification through loudspeakers is not protected under Article 25 of the Constitution. The court specifically ruled that cannot be permitted between 10 p.m. and 6 a.m., and any use without prior permission is illegal. The judgment also clarified that a muezzin may recite Azan using only his human voice from the minarets, and such recitation cannot be hindered.
Petitioners' Assurances
In response, the petitioners assured the court that they would strictly follow the Noise Pollution Rules and the Afzal Ansari directions. They submitted that there was no question of violating any rule or judicial pronouncement.
Key Observations from the Bench
The High Court, while disposing of the petition, quoted the Afzal Ansari judgment:
"Azan may be an essential and integral part of Islam but recitation of Azan through loud-speakers or other cannot be said to be an integral part of the religion, warranting protection of the fundamental right enshrined under ."
It also noted the specific restriction:
"Thus, under no circumstances can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district administrations."
The Court's Decision and Directions
The High Court disposed of the petition with a pragmatic solution. It directed the petitioners to file an application accompanied by a strict compliance with the Noise Pollution Rules and the Afzal Ansari directions. Upon such filing, the police and district administration shall not interfere with the Azan at Ayesha Mosque. However, the authorities must ensure that the petitioners abide by their own . If the is violated, the authorities remain free to take appropriate action in accordance with law.
This balanced approach allows the petitioners to exercise their religious practice while ensuring that noise pollution regulations and are maintained.
