Court directs petitioners to comply with Noise Pollution (Regulation and Control) Rules, 2000 for use of loudspeakers during Azan at mosque in Saharanpur, balancing religious freedom with public order
In a significant judgment delivered on October 1, 2026, the Allahabad High Court (Division Bench comprising Justices Ajit Kumar and Garima Prashad) clarified the scope of religious freedom under Article 25 of the Constitution of India concerning the use of loudspeakers for Azan (the Islamic call to prayer). The court held that while the recitation of Azan is an essential and integral part of Islam, the use of loudspeakers or sound amplifying devices for this purpose does not constitute an essential religious practice warranting absolute protection under Article 25.
The case arose when Shanawaz Khan and five others approached the court seeking a writ of mandamus directing the District Administration and police authorities of Saharanpur to permit them to perform Azan five times a day at the Ayesha Mosque and allow the use of loudspeakers during these calls to prayer. The petitioners contended that despite judicial precedents permitting the use of loudspeakers, they were being unjustly restricted by the authorities.
The State respondents clarified that the petitioners were free to perform Azan, but the use of loudspeakers must comply with the Noise Pollution (Regulation and Control) Rules, 2000, which prescribe permissible decibel limits and time restrictions (notably prohibiting use between 10 p.m. and 6 a.m.). The State relied on the precedent set in the Afzal Ansari v. State of U.P. (2020) case, wherein the court had held that sound amplification devices are not an integral part of religious practice and their use must be regulated to maintain public order, health, and morality.
The court reiterated this position, emphasizing that Azan by human voice without amplification cannot be hindered. However, the use of loudspeakers requires prior permission and must strictly adhere to the noise regulations. The petitioners were directed to file an application supported by a notarized affidavit undertaking strict compliance with the Noise Pollution Rules and directions given in the Afzal Ansari case.
Upon such application, the police and district administration were instructed not to interfere with the petitioners' right to perform Azan with loudspeakers at the specified mosque, while simultaneously ensuring adherence to the affidavit's conditions. Any breach would empower authorities to take appropriate legal action.
This judgment carefully balances the fundamental right to freedom of religion with the state's obligation to regulate noise pollution in the interest of public order and health. It clarifies that religious practices involving sound amplification devices must be exercised within the framework of existing laws, underscoring that constitutional rights are subject to reasonable restrictions.
Bottom Line:
Azan may be offered five times in mosque, but use of loudspeakers for Azan is not an integral part of religion protected under Article 25 and is subject to Noise Pollution (Regulation and Control) Rules, 2000 and prior permission/undertaking; on filing application with notarized affidavit undertaking compliance, authorities shall not interfere with performance of Azan, while ensuring adherence to law.
Statutory provision(s):
Article 25, Article 226 of the Constitution of India, Noise Pollution (Regulation and Control) Rules, 2000
Shanawaz Khan v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2991095
