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’.
It maintained that only the use of loudspeakers was regulated and they had to conform to the provisions of Noise Pollution Rules, 2000. 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.
It said if the petitioners violate the conditions, the authorities would be free to take appropriate action. The state, however, informed the court that the petitioners were not being prevented from performing ‘azan’. 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.
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.