Lucknow, May 15: In a significant judgment, the Allahabad High Court on Friday set aside the orders of the district administration of Ghazipur, Farukhabad and Hathras prohibiting azaan in masjids in view of the COVID-19 pandemic but said it could not be played on loudspeakers.
The Division Bench of Justice Shashi Kant Gupta and Justice Ajit Kumar heard the PIL of Ghazipur Lok Sabha MP Afzal Ansari and two others through videoconferencing.
The petition had requested for the restoration of fundamental right to religion by asking the court to direct the administration to allow the recitation of the Azaan as it did not violate any of the directives issued for controlling the threat of the spread of the COVID-19.
After hearing the counsel for the petitioners and additional Advocate General Manish Goel, the court passed a 27-page order.
“Azan can be recited by Muezzin from minarets in mosques without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the Guidelines to contain the pandemic Covid 19 unless such guidelines are being violated,” the court said.
Disallowing the recitation of azan through loudspeakers throughout the state the court order held: “Azan may be an essential part of Islam but recitation of azan 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 of the Constitution of India which is even otherwise subject to public order, morality or health”.
