The Allahabad high court has directed the police and district administration not to interfere with the right to recite Azan (Islamic call for prayers) five times a day at a mosque in Saharanpur, provided the petitioners comply with prescribed noise limits and the court’s 2020 judgment on the use of loudspeakers.
State of UP, which held that while Azan is an essential Islamic practice, its recitation through loudspeakers or other sound-amplifying devices is not an integral part of the religion. During the proceedings, the petitioners assured the court that they would fully comply with the statutory noise limits and judicial directions. The state government counsel, however, argued that the authorities were not restricting Azan itself but were enforcing permissible decibel levels and operational hours under the Noise Pollution (Regulation and Control) Rules, 2000. The counsel cited the high court’s 2020 judgment in Afzal Ansari v. In its 2020 judgment, the high 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. 47, Village Pathed, Police Station Gagalhedi, District Saharanpur.
The court said that once such an application and affidavit were filed, “the police and district administration would not be interfering in the petitioners’ right to perform Azaan five times in the Ayesha Mosque situated at plot no. “It will however, be the duty of the police as well as district administration to ensure that the petitioners do abide by their own undertaking given in the affidavit, failing which it will remain open for them to take appropriate action in accordance with law,” the court added. Saharanpur district magistrate Arvind Kumar Chauhan said he was yet to go through the court orders. “However, time-bound action will be taken as per the directions,” he said.
The court, after hearing the parties, disposed of the petition by an order dated October 1, directing the petitioners to submit an application along with a notarised affidavit stating that they would strictly comply with the Noise Pollution (Regulation and Control) Rules, 2000, as well as the directions issued by the division bench in the Afzal Ansari case.
