Prayagraj: The Allahabad high court has directed the Saharanpur police and district administration not to interfere with the petitioners’ right to perform ‘azan’ five times a day at Ayesha Mosque, subject to their undertaking that they will strictly comply with Noise Pollution (Regulation and Control) Rules, 2000, and the high court’s 2020 judgment governing the use of loudspeakers for ‘azan’.A division bench comprising Justice Ajit Kumar and Justice Garima Prashad passed the order on Oct 1 while disposing of a writ petition filed by Shanawaz Khan and five others from Saharanpur.The petitioners had sought permission to perform ‘azan’ five times daily and use loudspeakers for the purpose. They argued that despite judicial pronouncements permitting the use of loudspeakers subject to legal restrictions, authorities were not allowing them to do so.The state, however, informed the court that the petitioners were not being prevented from performing ‘azan’. It maintained that only the use of loudspeakers was regulated and they had to conform to the provisions of Noise Pollution Rules, 2000.The state submitted that the rules prescribe permissible sound levels and time restrictions for the use of loudspeakers and public address systems.It also relied on Allahabad high court’s 2020 judgment in Afzal Ansari and two others vs State of UP and two others, in which the court held that while ‘azan’ is an essential and integral part of Islam, its recitation through loudspeakers or other sound-amplifying devices cannot be considered an integral religious practice.In the present case, the petitioners assured the court that they would adhere to both Noise Pollution Rules and the 2020 judgment.Taking note of the undertaking, the court directed the petitioners to submit an application along with a notarised affidavit affirming that they would strictly comply with the applicable rules and judicial directions.The bench ordered that upon submission of such an application and affidavit, the police and district administration shall not interfere with the petitioners’ right to perform ‘azan’.The court also directed the authorities to ensure compliance with the undertaking. It said if the petitioners violate the conditions, the authorities would be free to take appropriate action.
