The Allahabad High Court on Friday held that Muezzin could recite ‘Azan’ from minarets of the Mosques by human voice without using any amplifying device.

It also directed the administration not to cause hindrance in the same on the pretext of the Guidelines to contain the   pandemic Covid­19, unless such guidelines are being violated.Allahabad High Court on Friday held that Muezzin could recite ‘Azan’ from minarets of the Mosques by human voice without using any amplifying device.

It also directed the administration not to cause hindrance in the same on the pretext of the Guidelines to contain the   pandemicCovid­19, unless such guidelines are being violated.

The key relief sought in the petitions was that the Muslims in the Districts Ghazipur and Farrukhabad may be permitted to recite Azan through “Muezzin”, by using sound-amplifying devices. Petitioners had contended that the restrictions imposed by the administration are wholly arbitrary and unconstitutional since they did not, in any way, violate the guidelines issued for the containment of the pandemic.

A division bench of Justice Shashi Kant Gupta and Justice Ajit Kumar stated:

"Azan is certainly an essential and integral part of Islam but use of microphone and loud-speakers is not an essential and an integral part thereof. Under no circumstances, sound-amplifying devices can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district administrations."

The Court cited Supreme Court's judgment in Church of God (Full Gospel) in India v. KKR Majestic, in which it was held that recital of Azan is an integral part of Islam, subject to reasonable restrictions.

The Top Court had held,

"No religion or religious sect can claim that the use of loudspeakers or similar instruments for prayers or for worship or for celebrating religious festivals is an essential part of the religion which is protected under Article 25. We hold that there is no fundamental right to use loudspeakers or similar instruments under Article 19(1)(a) of the Constitution. On the contrary, the use of such instruments contrary to the Noise Pollution Rules will be a violation of fundamental rights of citizens under Article 21 of the Constitution as well as fundamental right of citizens of not being forced to listen something which they do not desire to listen."

According to the petitioners, therefore, reciting of Azan through loudspeakers five times a day is part of religious rights guaranteed under Article 25 of the Constitution of India. Any restriction or prohibition made with regard to recitation of Azan through loudspeakers would have to be declared unconstitutional.

The Court thus remarked:

"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 warranting protection of the fundamental right enshrined under Article 25 of the Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions of part III of the Constitution of India. Thus, it cannot be said that a citizen should be coerced to hear anything which he does not like or which he does not require since it amounts to taking away the fundamental right of other persons."

The court said the petitioners failed to bring on record or even plead that they sought any such permission for the use of sound-amplifying devices, for a recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by the Court.

The Court noted that microphones didn't exist at the time of Prophet Muhammad and rather, was a gift of the technological age. Thus it was held that the practice of reciting Azan through microphones was not an essential. The Court thus held:

"It will be not out of place to mention that in the past, during old days when the loud-speaker was not invented, Azan used to be given by human voice. The use of microphone is a practice developed by someone and not by the Prophet or his main disciples, and which was not there in the past, and that the microphone is of recent origin and accordingly it could not be said that the use of microphone and loud-speaker is essential and integral part of the Azan."

It also ordered that the copy of the judgment be sent to Chief Secretary and to all District Magistrates to ensure its compliance.

Afzal Ansari, Member of Parliament (Lok Sabha), Ghazipur, senior advocate S. Wasim A. Qadri and senior advocate Salman Khursheed had sent letter petitions to the Allahabad HC to permit the recitation of Azan in Ghazipur and  Farrukhabad and their districts respectively.

Petitioners had contended that Prophet Muhammad introduced Azan. It was recited by a person from the mosque in a loud voice but by the passage of time, it was felt that a system was required to be introduced to invite the Believers in Islam to the congregational prayers by reciting Azan five times a day through a sound amplifying instrument since on account of increase in population,  it was not possible for the  Azan to reach all believers of   Islam.

The state government, on the hand, submitted that Azan is a call for the congregation to offer prayers at the Mosque and is therefore in violation of the Guidelines for containing the pandemic. It added religious activity is being carried out at any religious places and Temple, Mosque, Church, Gurudwara, etc., in District Ghazipur, are using no loudspeakers for any religious purpose.

Counsel for the state also referred to rule 5 of The Noise Pollution (Regulation and   Control) Rules,   2000  (in short   “Noise Pollution Rules”) which states that a loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.

The court, in this backdrop directed that in case any such application is filed before the concerned authorities that may be dealt with in accordance with law including Noise Pollution Rules.

"In the present case, there is no averment in the writ petition that any permission has been sought by the concerned persons to recite the Azan through loudspeakers or any public address system. Therefore, until and unless there is a license/permission from the authorities concerned under the Noise Pollution Rules, under no circumstances, Azan can be recited through any sound amplifying devices. In case Azan is being recited through aforesaid means, it will be violative of provisions contained under the Noise Pollution Rules and strict action is liable to be taken against the persons violating such Rules, in accordance with law."

The Court also held in regard to one contention raised in the petition that the Government had not been able to explain as to how the recitation of Azan merely through human voice can be violative of any provision of law or any guidelines issued in view of Covid-19 pandemic.

The judgement has been delivered by Justice Shashi Kant Gupta and Justice Ajit Kumar on 15-05-2020.

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