By Syed Khalique Ahmed
NEW DELHI: The Allahabad High Court has directed the police and district administration in Saharanpur not to interfere with the performance of the five-time daily Azan at a mosque in the district, provided the petitioners strictly comply with the Noise Pollution (Regulation and Control) Rules, 2000 and an earlier judgment of the High Court governing the use of loudspeakers for Azan.
The order was passed on October 1 by a Division Bench comprising Justice Ajit Kumar and Justice Garima Prashad in a writ petition filed by Shanawaz Khan and five others. The petitioners had approached the court seeking permission to perform Azan five times a day at Ayesha Mosque in Village Pathed, under Gagalhedi police station in Saharanpur, and to use loudspeakers for the purpose.
The order has drawn attention because it involves the intersection of freedom of religion under Article 25 of the Constitution and statutory restrictions on the use of sound-amplifying devices.
Petitioners sought permission for Azan and loudspeakers
According to the order, the petitioners sought a writ of mandamus directing the district administration and police authorities to permit them to perform Azan five times at Ayesha Mosque and to use loudspeakers in connection with the call to prayer.
The petitioners argued that, despite earlier judicial pronouncements, the authorities were not permitting them to use loudspeakers for Azan.
The State, however, placed a different position before the court. According to the State’s instructions, the petitioners were not being prevented from performing Azan itself. The restriction concerned the manner in which loudspeakers were being used.
The State told the court that loudspeaker use was subject to the Noise Pollution Rules, including prescribed sound levels and restrictions relating to the hours during which sound-amplifying devices may be used.
This story was originally published in indiatomorrow.net. Read the full story here.
