The Allahabad High Court today held that Azaan (Islamic call to prayer) can be recited by a Muezzin without using any amplifying devices. The Court also held that playing Azaan through sound amplifying devices is not protected under Article 25 of the Constitution.
Holding that recital of Azaan is an integral part of the Islamic religion, the Court directed the administration to refrain from causing any hindrance under the pretext of COVID-19 guideline violations.
The order states,
“Therefore, it is held that 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.”
Allahabad High Court
The order passed by a Division Bench of Justices Shashi Kant Gupta and Ajit Kumar states,
“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.”
Allahabad High Court
The Court made the above observations while dealing with a batch of PILs and letter petitions challenging the district administration’s orders restricting recital of Azaan during the COVID-19 lockdown.
The petitioners include MP Afzal Ansari, former Union Law Minister and Senior Advocate Salman Khurshid,and Senior Advocate S Wasim A Qadri. They had sought permission to recite Azaan through “Muezzin”, by using sound amplifying devices, stating that the same is an integral part of Islam.
The order was reserved on May 5.
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