Azan Permitted at Saharanpur Mosque if Loudspeaker Rules Met, Orders Allahabad HC

The Allahabad High Court has directed the Saharanpur district administration and police in Uttar Pradesh not to interfere with the five daily Azan at Ayesha Mosque, provided the mosque management adheres to the Noise Pollution (Regulation and Control) Rules, 2000 and the high court's directions in the case of Afzal Ansari & 2 Others v. State of U.P. & 2 Others (2020) for the use of loudspeakers during Azan.

The bench of Justices Ajit Kumar and Garima Prashad passed the order on October 1 on a petition filed by Shanawaz Khan and five others. The petition concerned Ayesha Mosque at Plot No. 47 in Village Pathed, under Gagalhedi police station in Saharanpur district.

Case background

The petitioners had approached the court under Article 226 of the Constitution, seeking directions to the district administration and police to permit them to perform Azan five times a day and to use loudspeakers for the purpose.

Their counsel submitted that although judgments existed on the issue permitting the use of loudspeakers subject to conditions, the authorities were not permitting their use for Azan at the mosque.

The State, however, told the court that the petitioners were not being restrained from performing Azan. Its objection was only to the manner in which loudspeakers were being used.

2020 judgment on loudspeakers

In Afzal Ansari & 2 Others v. State of U.P. & 2 Others (2020), the high court had held that although Azan may be an essential and integral part of Islam, its recitation through loudspeakers or other sound-amplifying devices cannot be treated as an integral part of the religion warranting protection under Article 25.

Court had also made clear that the right under Article 25 is subject to public order, morality, health and other constitutional provisions. It held that sound-amplifying devices could not be permitted between 10 pm and 6 am.

The 2020 judgment further said that where permission for using sound-amplifying devices had not been obtained, their use would be illegal. At the same time, it observed that Azan could be recited from mosque minarets through human voice without an amplifying device.

Petitioners' submissions

Before the court, the petitioners said there was no question of violating either the applicable rules or the earlier judicial directions. They assured the court that the prescribed manner of using loudspeakers during Azan would be strictly followed.

Court consequently disposed of the petition with a specific condition. It directed the petitioners to submit an application along with a notarised affidavit, signed by them, undertaking to strictly follow the Noise Pollution Rules, 2000 and the directions issued in Afzal Ansari.

Once the application and affidavit are filed, court said, the police and district administration “would not be interfering” with the petitioners' right to perform Azan five times at Ayesha Mosque.

At the same time, court made it clear it would be the duty of the police and district administration to ensure that the petitioners abide by their undertaking. If they fail to do so, the authorities would remain free to take appropriate action in accordance with law, court directed.

Case title: Shanawaz Khan and 5 Others v. State of U.P. and 4 Others

Bench: Justice Ajit Kumar and Justice Garima Prashad

Order date: October 1, 2026