File photo of Allahabad High court Courtesy
South Asia

An Indian High Court directs UP authorities not to interfere with five daily Azaans

Waadaa Desk

The Allahabad High Court has directed police and district authorities in Uttar Pradesh’s Saharanpur not to interfere with the recitation of Azaan at a mosque if prescribed noise limits and judicial guidelines are followed, Hindustan Times reported.

A division bench of Justices Ajit Kumar and Garima Prashad issued the order while disposing of a petition filed by Shanawaz Khan and five other residents seeking permission to use loudspeakers for Azaan at Ayesha Masjid in Saharanpur.

The petitioners had alleged that local authorities were obstructing them despite existing judicial guidelines on the use of sound-amplifying devices.

The Uttar Pradesh government, however, argued that authorities were not restricting Azaan itself but were enforcing permissible decibel levels and operating hours under the Noise Pollution (Regulation and Control) Rules, 2000.

The government also referred to the Allahabad High Court’s 2020 ruling in Afzal Ansari v. State of UP, which held that while Azaan is an essential and integral part of Islam, its recitation through loudspeakers or other sound-amplifying devices is not an integral part of the religion.

The 2020 ruling also stated that loudspeakers are subject to laws concerning public order, health and noise pollution, and cannot be used between 10pm and 6am. It further held that using sound-amplifying devices without permission is illegal.

During the latest proceedings, the petitioners assured the court that they would comply with statutory noise limits and the directions issued in the 2020 judgment.

In its October 1 order, the court directed the petitioners to submit an application along with a notarised affidavit undertaking to comply with the Noise Pollution Rules and the court's earlier directions.

Once the application and affidavit are submitted, the court said, police and district authorities “would not be interfering” with the petitioners’ right to perform Azaan five times a day at Ayesha Mosque in Saharanpur’s Pathed village.

However, the court said authorities would remain responsible for ensuring that the petitioners comply with their undertaking. If they violate the prescribed conditions, authorities may take action in accordance with the law.

Saharanpur District Magistrate Arvind Kumar Chauhan said he had yet to examine the court order but assured that action would be taken within the prescribed timeframe.

Messi signs off in tears after one last Argentina master class

Is Bangladesh going to be South Asia’s slowest-growing economy this year?

When the forest animal cries, Robi Costa answers

India flies 150 Bangladeshis out of Kashmir for deportation

School protests sweeping France cause 'heaviest toll in decades'