2020 Supreme(All) 596

IN THE HIGH COURT OF ALLAHABAD
Shashi Kant Gupta, Ajit Kumar, JJ.
Afzal Ansari and Others – Petitioners
Versus
State Of U.P. And Others – Respondents
Public Interest Litigation (PIL) No. 570 of 2020
Decided On : 15-05-2020

Point of law:
It is well-settled that the right to propagate one's religion means the right to communicate a person's belief to another or to expose the tenets of that faith. The question is whether the right to propagate religion includes the right to use loud-speakers and microphones for the purpose of chanting religious tenets or religious texts and/or the indiscriminate use of microphones or loud-speakers during religious performance in the society.

Headnote:

Noise Pollution Rules – Constitution of India, 1950 – Articles 21, 25, 19 – Code of Criminal Procedure, 1973 – Sections 144, 149 – Permit to recite Azan – Letter was written by Mr. Afzal Ansari, Member of Parliament (Lok Sabha), Ghazipur with a prayer that fundamental right to religion of people at Ghazipur may be protected and State Administration may be directed to permit recite Azan by only one person “Muezzin” from the respective mosques of District Ghazipur, since it does not violate any of directives issued for controlling threat of the spread of Covid-19, pandemic – Held, Court is of considered opinion that Azan can be recited by Muezzin from minarets of Mosques by human voice without using any amplifying device and administration is directed not to cause hindrance in same on pretext of Guidelines to contain pandemic-Covid-19, unless such guidelines are being violated – It is held that Azan may be an essential and integral part of Islam but recitation of Azan through loudspeakers or other sound amplifying devices cannot be said to be an integral part of religion, warranting protection of fundamental right enshrined under Article 25 of Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of Constitution of India – Azan can be recited by Muezzin from minarets of Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under pretext of violation of Guidelines issued by State, to contain pandemic Covid-19 – Petition (PIL) Disposed of (Paras 39, 40, 41)

Fact of the Case:

Sabha), Ghazipur with a prayer that fundamental right to religion of the people at Ghazipur may be protected and the State Administration may be directed to permit recite the Azan by only one person “Muezzin” from the respective mosques of the District Ghazipur, since it does not violate any of the directives issued for controlling the threat of the spread of the Covid-19, pandemic. Mr. Salman Khurshid, Senior Advocate, Supreme Court as well as Former Union Minister for Law & Justice, Govt. of India has by a letter dated 28.04.2020, approached this Court through Mr. Syed Mohd. Fazal, Advocate, seeking that Muslims at Farrukhabad and other districts such as Hathras and Ghazipur, in Uttar Pradesh, be permitted to recite Azan which, according to him, is an integral part of Islam and in no way undermines the society's collective response to the pandemic. A letter dated 25.04.2020 has also been written by Mr. S. Wasim A. Qadri, Senior Advocate seeking a similar relief with respect to District Ghazipur. Thereafter, Public Interest Litigation was filed in appropriate format on 30.04.2020 by Mr. Afzal Ansari. All the three matters including the letters were tagged together and were registered as Civil Misc. Writ Petition (PIL) No. 570 of 2020 (Shri Afzal Ansari Vs. State of UP and two others).

Finding of the Court:

Court is of considered opinion that Azan can be recited by Muezzin from minarets of Mosques by human voice without using any amplifying device and administration is directed not to cause hindrance in same on pretext of Guidelines to contain pandemic-Covid-19, unless such guidelines are being violated – It is held that Azan may be an essential and integral part of Islam but recitation of Azan through loudspeakers or other sound amplifying devices cannot be said to be an integral part of religion, warranting protection of fundamental right enshrined under Article 25 of Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of Constitution of India – Azan can be recited by Muezzin from minarets of Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under pretext of violation of Guidelines issued by State, to contain pandemic Covid-19.

Result: Petition (PIL) Disposed of