The Allahabad High Court has disposed of a petition concerning the use of loudspeakers for Azan at Ayesha Mosque in Saharanpur, directing the petitioners to comply with the Noise Pollution (Regulation and Control) Rules, 2000 and the Court’s earlier directions.
The order was passed by a Division Bench comprising Justice Ajit Kumar and Justice Garima Prashad on October 1, 2026.
Shanawaz Khan and five others approached the High Court under Article 226 of the Constitution, seeking directions to the district administration and police authorities to permit them to perform Azan five times at Ayesha Mosque, situated at Plot No. 47, Village Pathed, Police Station Gagalhedi, District Saharanpur, including the use of loudspeakers.
The State informed the Court that the petitioners were not being prevented from performing Azan. However, the use of loudspeakers had to remain within the permissible sound limits and timings prescribed under the Noise Pollution Rules, 2000.
The Bench referred to the Division Bench judgment in Afzal Ansari & 2 Others v. State of U.P. & 2 Others, decided on May 15, 2020. The earlier judgment distinguished between Azan itself and its recitation through loudspeakers or other sound-amplifying devices.
The Court quoted the earlier ruling:
"Therefore, it is held that Azan may be an essential and integral part of Islam but recitation of Azan through loud-speakers 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."
The petitioners assured the Court that they would strictly follow the applicable rules and the earlier judicial directions concerning loudspeaker use during Azan.
The High Court disposed of the petition and directed the petitioners to submit an application along with a notarized affidavit undertaking strict compliance with the Noise Pollution Rules, 2000 and the directions in Afzal Ansari. Once such an application and affidavit are filed, the police and district administration were directed not to interfere with the petitioners’ right to perform Azan five times at the Ayesha Mosque.
The Court further clarified that the police and district administration would remain responsible for ensuring compliance with the undertaking, and could take appropriate action in accordance with law if the conditions were violated.
Case Title: Shanawaz Khan And 5 Others v. State Of U.P. And 4 Others
Case Number: Writ-C No. 28047 of 2026
