Don’t interfere with azaan at Saharanpur mosque if noise norms followed: Allahabad HC

Citing a May 2020 Allahabad High Court judgment, the counsel maintained that certain timings have also been prescribed for the use of loudspeakers for the purpose of azaan.

The Allahabad High Court has directed the authorities concerned to not interfere with the “right to five-time azaan” (Islamic call for a prayer) at a mosque in Saharanpur district, provided the noise pollution rules are complied with strictly.

A writ petition was filed in the court in July requesting to direct the district administration and police to permit the mosque management to perform azaan five times at Ayesha Masjid in Pathed village of Gagalhedi area and permit the use of loudspeakers for the purpose.

According to the petitioners, despite there being court judgments permitting the use of loudspeakers for azaan, the authorities were not allowing them to do so.

The state government’s counsel, however, submitted before the bench that the petitioners were not restrained from performing azaan as such but were only asked to use loudspeaker according to the Noise Pollution (Regulation and Control) Rules, 2000, which provide for certain level of sound in terms of decibel units.

Citing a May 2020 Allahabad High Court judgment, the counsel maintained that certain timings have also been prescribed for the use of loudspeakers for the purpose of azaan.

The 2020 judgment stated that azaan may be an integral part of Islam but the call through loudspeakers or other sound amplifying devices cannot be an essential part of the religion, warranting protection of the fundamental right under Article 25 of the Constitution.

Therefore, under no circumstances sound amplifying devices can be permitted to be used between 10 pm and 6 am by the district administrations, it was stated.

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The 2020 order also maintained that in case any such application is filed before the authorities concerned, it may be dealt with in accordance with law, including noise pollution norms.

The petitioners submitted that there was no question of violating any rule or the court order on the use of loudspeakers and their use during azaan will be followed strictly.

After hearing the submissions, the division bench of Justices Ajit Kumar and Garima Prashad in its October 1 order directed the petitioners to file an affidavit to comply with the Noise Pollution (Regulation and Control) Rules, 2000, as well as the HC’s 2020 order.

“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 bench stated.

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

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