No loudspeakers for azaan, rules HC

HIGH COURT SAYS AZAAN IS AN INTEGRAL PART OF ISLAM, BUT LOUDSPEAKERS AREN’T

nPRAYAGRAJ: The Allahabad high court on Friday allowed the fivetime Muslim call to prayers, or azaan, from mosques but said it cannot be amplified using loudspeakers without prior permission of respective district administrations. Azaan is an integral part of Islam, but loudspeakers are not, it added.

A bench of justices Shashi Kant Gupta and Ajit Kumar made the observation while disposing of Bahujan Samaj Party lawmaker Afzal Ansari’s public interest litigation petition seeking an end to a ban on azaan in Ghazipur, which he represents in Parliament. The Uttar Pradesh government last week told the court that all religious activities through loudspeaker were restricted across the state in view of the lockdown. In its affidavit, the government cited instances wherein people assembled in mosques following azaan.

The government said the administration had a tough time in controlling the situation. It added since Ghazipur was declared a Covid-19 hot spot, restrictions were imposed as per protocol.

“We are of the considered opinion that azaan may be an essential and integral part of Islam but recitation of azaan through loudspeakers 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 [freedom of religion] of the Constitution..., which is even otherwise subject to public order, morality or health and to other provisions of part III of the Constitution of India,” the bench said.

“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.”

Ansari filed the plea on April 28 saying the local administration and police prohibited azaan in Ghazipur from April 24. He added anyone violating the ban was threatened with legal action under the stringent National Security Act. On the verdict, Ansari said, “My petition was about lifting the ban on azaan by district administration and the high court has directed the administration to allow it from mosques. I was only seeking permission for azaan as it is necessary to inform Muslims that it is time for prayers.”

Head of Islamic Centre of India, Darul Uloom, Farangi Mahal and Imaam Aishbagh Eidgah Maulana Khalid Rasheed Farangi Mahali said, “The prayer is hardly of three minutes and that too is heard in a limited area. Why a ban on amplifiers only in this state? We will appeal in the Supreme Court.”