The Allahabad High Court has directed the Saharanpur police and district administration not to interfere with the petitioners' right to perform Azan five times at Ayesha Mosque in the city, subject to their undertaking to strictly comply with the Noise Pollution (Regulation and Control) Rules, 2000 and the HC's 2020 judgment on the use of loudspeakers for Azan.

A bench of Justice Ajit Kumar and Justice Garima Prashad passed the direction while disposing of a petition filed by Shanawaz Khan and five others under Article 226 of the Constitution.

The petitioners sought permission to perform Azan five times at the mosque and use loudspeakers for that purpose.

They argued that despite judgments permitting the use of loudspeakers, the authorities were not allowing them to use loudspeakers for Azan.

The State, however, informed the Court that the petitioners were not being restrained from performing Azan. The restriction was on the manner of using loudspeakers, which had to comply with the Noise Pollution Rules 2000.

The State pointed out that the Rules prescribe permissible sound levels in decibels for loudspeakers as well as specified time limits for their use.

The State also relied upon the Allahabad High Court's earlier 2020 judgment in Afzal Ansari & 2 Others v. State of U.P. & 2 Others. In that judgment, the Court had held thus:

"Azan may be an essential and integral part of Islam but recitation of Azan through loud-speakers or other sound amplifying devices cannot be said to be an integral part of the religion".

This judgment further held that the use of sound-amplifying devices was subject to public order, morality, health and other provisions of Part III of the Constitution.

It had specifically held that sound-amplifying devices could not be permitted between 10 PM and 6 AM by district administrations.

It also observed that using them without permission is illegal and that any application seeking such permission must be dealt with in accordance with law, including the Noise Pollution Rules.

The judgment also clarified that a muezzin could recite azan from the minarets of a mosque in the human voice without using any amplifying device.

In the present matter, the petitioners assured the Court that they would not violate either the Noise Pollution Rules or the earlier judicial pronouncement.

They submitted that they would strictly follow the manner in which loudspeakers were used during Azan, in accordance with the applicable rules and directions.

Against this backdrop, the High Court directed the petitioners to submit an application accompanied by a notarized affidavit bearing their signatures, undertaking that they would strictly adhere to the Noise Pollution Rules 2000 and the directions issued by the Division Bench in Afzal Ansari.

The Court then directed that, if such an application accompanied by a notarized affidavit is filed, "the police and district administration would not be interfering in the petitioners' right to perform Azan five times" at Ayesha Mosque.

At the same time, the Court directed the police and district administration to ensure that the petitioners abide by the undertaking given in the affidavit.

If the undertaking is violated, the authorities would remain free to take"appropriate action in accordance with law", the Court clarified.

The petition was accordingly disposed of.