Loudspeaker not integral part of religion, says Allahabad HC as it allows 'azaan' in UP mosques

The Allahabad High Court on Friday allowed the Muslim call tor prayer, or 'azaan' by a single individual in Uttar Pradesh mosques without the use of any loudspeaker during the coronavirus-enforced lockdown.

While allowing 'azaan' during lockdown, the court said it may be an essential and integral part of Islam but its recitation through loudspeakers or other sound-amplifying devices cannot be said to be an integral part of the religion.

The matter was related to oral order by district magistrates in three districts - Ghazipur, Hathras and Farrukhabad - where azaan was banned citing violation of lockdown order. A bunch of pleas were filed including by Ghazpur Lok Sabha MP and former Union Law Minister Salman Khurshid among others.

Additional Advocate General Manish Goyal presented the government's case before the court and said there was a fear that people may gather at mosques due to azaan. Syed Safdar Ali Kazmi argued for the petitioners and congregational prayers have not been offered at mosques during lockdown.

After hearing both sides, a bench of justices Shashi Kant Gupta and Ajit Kumar reserved the verdict on May 5 and pronounced the order on Friday.

"We are of the considered opinion that azaan can be recited by muezzin from minarets of the mosques by human voice 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," the bench ruled.

The court said permission has to be taken from the administration for using loudspeakers from 10 pm to 60 am during night.