Allahabad High Court has held that,
From Para 39,
39. Therefore, we are of the considered opinion that Azan 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 Covid19, unless such guidelines are being violated.
From Para 40,
Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020
40. Therefore, it is held that Azan may be an essential and integral 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 and to other provisions of part III of the Constitution of India. Thus, under no circumstances sound amplifying devices can be permitted to be used between 10.00 p.m. to 6.00 a.m. by the district administrations. Further, the petitioners have failed to bring on record or even plead that they sought any such permission for the use of sound amplifying devices, for recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by this Court. However, in case any such application is filed before the concerned authorities, that may be dealt with in accordance with law including Noise Pollution Rules. Furthermore, as already discussed in detail hereinabove, Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic Covid19.
Citations: [2020 SCC ONLINE ALL 592]
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