As per a report of LiveLaw, the petitioner had filed a plea in the High Court urging a ban on the use of loudspeakers during various times of the day for the Islamic call to prayer.

Arguments during the hearing:

While hearing the matter, CJ Sunita Aggarwal questioned the petitioner whether other religious practices, such playing music during puja or bhajan in temples, did not cause similar public disturbance and disruption owing to noise pollution. The CJ underlined that noise pollution is a scientific matter and asked the petitioner’s counsel to present proof of the purported noise pollution brought on by Azaan, including specifics on decibel levels, as per the LiveLaw report. Meanwhile, the CJ also pointed out that the Islamic prayer of Azaan is only announced for a period of five minutes.

“For how many minutes the azaan goes on? Not less than 5 minutes, where is the question of noise pollution? Show us the decibels. Technically how many decibels of noise [is caused by] azaan?” CJ Aggarwal stated, as per the report of LiveLaw.

In response to the question put forth by the bench, the counsel for the petitioner asserted that the announcement of Azaan exceeded the decibel limit.

To the aforementioned claim, CJ Sunita Aggarwal critically retorted by bringing up the noise pollution created by the usage of a DJ and stated, “Your DJ creates a lot of pollution. We are not entertaining this kind of PIL.”

She further remarked that the practice of Azaan has been going on for years and noted “It is a faith and practice going on years together and it is a moment of only 5-10 minutes. Azaan goes on for less than 10 minutes.”

As per the report of LiveLaw, the petitioner’s counsel then attempted to strengthen their case by arguing that Azaan took place multiple times, including early morning and during the day. The same argument was shot down by CJ Sunita Aggarwal who opined that even in temples “the morning aarti with those drums and music starts early in the morning”.

Further pressing on the bells and drums used in temples, CJ asked the petitioner “That doesn’t cause noise to anyone? Can you say that the noise of the ghanta and ghadiyal remains in the temple premises only? It doesn’t percolate out of the premises?”

The CJ then added, “Mr. Counsel, in 10 minutes a person is making Azaan. How much pollution is caused in that 10 minutes please tell us. Noise pollution is a scientific issue. Since you say noise pollution, if it is scientifically placed before the court, how many decibels is raised?” If there is a scientific method of assessment of pollution of noise, can you argue as per that scientific assessment, this 10 minutes of Azaan is causing noise pollution?”

The Court was dismayed and disappointed to learn that the writ petition, which alleged that Azaan was to blame for the noise pollution, had neglected to include a scientific evaluation of the extent of the noise pollution generated by the prayer offerings while urging for ban on the use of loudspeakers decrying noise pollution.

The bench stated, “If you can argue this, we will permit you. But you are not arguing this. You have not made out any base in the writ petition. Where is the pleading with regard to the decibels? Where is the pleading with regard to the scientific method of assessment of noise pollution in the area?”

The order of the Court

The High Court bench dictated its order and held that it did not find any ground in the petition filed against Azaan as the court failed to understand how the recitation of Azaan through loudspeaker could reach the decibel level required to create noise pollution. The Chief Justice stated, “We fail to understand as to how the human voice making Azaan through loudspeaker in the morning could achieve the decibel [level] to the extent of creating noise pollution causing health hazards to the public at large. The measurements/assessment of noise pollution with the raising of decibel of sound is a scientific method wherein the sound created by a particular instrument etc can be measured to see that the sound caused by it is reaching beyond decibel permissible limit. No such foundation has been laid in the petition to demonstrate that noise created by Azaan for minutes at a stretch at different hours of the day would raise the level of the sound to cause noise pollution. We therefore do not find any ground.”

Based on the information in the record, the Chief Justice observed that the remaining pleas were not supported by any evidence. Notably, the counsel interrupted the CJ as she was dictating the judgment, citing an Allahabad High Court ruling to support the petitioner’s claim that police approval was required. However, as per the LiveLaw report, the CJ promptly intervened, noting that judgments from the Allahabad High Court are not legally binding on their jurisdiction.

Related:

Azaan on loudspeakers does not violate fundamental rights of people of other faiths: Karnataka HC

Allahabad Univ VC can sleep better, Mosque reduces Azaan volume

Another chapter in the politics of Azaan

How did two Delhi Policemen decide to ‘ban’ azaan on their own?

Temple Prayers, Azaan, Ganeshotsav or Garba: How High Does the Decibel Level Go?

The post Gujarat HC on plea banning loudspeakers for Azaan: “Faith and practice going on years together” appeared first on SabrangIndia.

Disciplinary Action is being taken against the erring Police Officials. Appeal to observe the holy month of Ramzan as per the advisory given below to stay safe and follow lockdown in your and public interest: Delhi Lieutenant Governor Anil Baijal

“Azaan ke liye bhi mana kar diya hai LG sahab ne. LG sahab ke order hain (azaan is also banned, these are the orders from the Lieutenant Governor )” two uniformed Delhi Police officials, took it upon themselves to tell the local muezzin at a mosque in Delhi’s Prem Nagar area, that azaan, or the Muslim call to prayers recited by a muezzin, was banned by the state’s Lt Governor a day before the month of Ramzaan began. This of course is not true. There is no ban on the call to prayers under the Covid19 lockdown. All religious gatherings, and congregational prayers have been banned and mosques, churches, temples, gurdwaras have already suspended them. The faithfull have been asked to pray at home.

However, the two Delhi Policemen’s decision to make additions to the list of banned activities has done the damage. The short video clip has since gone viral, where the cops are seen giving stern instructions to the Muezzin  not to give the call to prayer. Two women can be heard reasoning with the cops that Ramzaan was starting soon and azaan was essential to let people know when to break their fast. They told the cops that no one was going to the masjids to pray and only the muezzin would give the call. “This is wrong, this is ramzan, the rozas (fasts) will be observed, there is no ban on Azaan, we see the news too,” reasoned the women.  “Go and fight with LG. The LG has said no,” the policeman replied. “What is the problem? Is corona increasing with the azaan,” asked an exasperated woman. 

“LG Sahab has said not one person will read the azaan,” the cop continues to chant his line ad nauseum. Not to be intimidated, the women continue to school him. The clip soon found its way to social media where users such as civil rights activist Navaid Hamid, president All India  Muslim Majlis e Mushawaratm secretary S. Asian CouncilForMinorities  tagged the authorities and tweeted “DelhiPolice (PS PremNagar) claims tht @LtGovDelhi has ordered to ban Azaan. Reports coming frm areas where Muslims r in minority tht policemen hav instructed Imam/Muezzin not to give Azan in Mosques. Muslims wld not accept any illegal directive. #Ramadan @ArvindKejriwal @CPDelhi”

@DelhiPolice (PS PremNagar) claims tht @LtGovDelhi has ordered to ban Azaan. Reports coming frm areas where Muslims r in minority tht policemen hav instructed Imam/Muezzin not to give Azan in Mosques. Muslims wld not accept any illegal directive. #Ramadan @ArvindKejriwal @CPDelhi

— Navaid Hamid نوید حامد (@navaidhamid) April 23, 2020

Senior journalist Saba Naqvi too shared the video, flagging the sensitive issue,  “

Is azaan during #Ramzaan now not allowed in Delhi? These cops say it’s order of LG. Hear them. Video from riot affected mustafabad where many lost lives, home and shops.”

Is azaan during #Ramzaan now not allowed in Delhi? These cops say it’s order of LG. Hear them. Video from riot affected mustafabad where many lost lives, home and shops. pic.twitter.com/JlIkZ8qRyr

— Saba Naqvi (@_sabanaqvi) April 24, 2020

While the conversation between the cops and the Muslim citizens, heard in the video is not a shouting match, the stress it has caused, and the dangerous potential it has to fan communal flames is obvious. “This is yet another attempt to intimidate,” said a Muslim lawyer, “azaan is a call to prayer. This is a holy month for Muslims across the world. We will all pray within our homes,”.  “Why are they trying to provoke us?” asked a student, “they keep finding one thing or the other to attack us with.”

“There is a greater design behind this,” added a Muslim activist, “it can have dangerous consequences, even riots  if not shut down right now.”

A local resident says the cops action was to create a disturbance where there was none. “How is azaan a problem? Ramzaan is holy to us and comes only once a year. They cannot stop a call to prayer. It is a simple tradition.”

Hours later Anil Baijal,  Lieutenant Governor of Delhi: posted this on Twitter: “Observe Ramazan while following the lockdown guidelines”

Observe Ramazan while following the lockdown guidelines https://t.co/d0NvsK5k5s

— LG Delhi (@LtGovDelhi) April 24, 2020

 With not even a word to calm frayed nerves and set the record straight that he had not given any instructions to the policemen to stop muezzins from reciting the  azaan to mark the end of each roza. 

Delhi Minorities Commission wrote to Anil Baijil, Lt. Governor Delhi and Arvind Kejriwal, Chief Minister of Delhi, about prohibition of azaan in NCT mosques.  DMC Chairman Dr Zafarul-Islam Khan raised the issue of banning azaan over loudspeakers in mosques in various parts  of Delhi. 

“The issue of azaan from mosques is very pressing due to the beginning of the month of Ramzan when Muslims fast and break their fast on hearing the azaan at sunset time. Ramzan is starting in Delhi tomorrow, April 25. The Commission has requested that azaan should not be banned from mosques while mosques will continue to meticulously follow the Covid19-restrictions on permitted numbers of people for any gathering and social distancing,” said Dr Khan. 

No congregational prayers are being held in Delhi mosques since the lockdown but azaan, recited by a single muezzin has continued. The Commission sent notices to the DCPs of Dwarka and South districts to provide it a copy of any circular banning the azaan. “If it does not exist, allow azaan in mosques in their areas” stated Dr Khan.

On his part, Delhi’s Deputy Chief Minister Manish Sisodia tried to add a touch of diplomacy by saying there was no ban on azaan, but during the lockdown there was a ban on going to the mosques for namaaz and the complete ban extended on congregational prayers of any other religion as well: “अजान के लिए कोई पाबंदी नहीं है. लॉकडाउन में मस्जिदों में नमाज़ के लिए इकट्ठा होने या किसी अन्य धार्मिक स्थल पर पूजा आदि के लिए लोगों के इकट्ठा होने पर पूरी तरह पाबंदी है.”

अजान के लिए कोई पाबंदी नहीं है. लॉकडाउन में मस्जिदों में नमाज़ के लिए इकट्ठा होने या किसी अन्य धार्मिक स्थल पर पूजा आदि के लिए लोगों के इकट्ठा होने पर पूरी तरह पाबंदी है. https://t.co/OxYGiqaIrR

— Manish Sisodia (@msisodia) April 24, 2020

On April 25, the Delhi Police tweeted  that azaan could be carried out as directed by the  National Green Tribunal (NGT)

Important Information. pic.twitter.com/wCXgaWIqoX

— #DilKiPolice Delhi Police (@DelhiPolice) April 24, 2020

According to the newsportal  The Quint  Delhi Police PRO, Anil Mittal, has said the two cops seen in the video are being identified, “ and, an official DCP-level inquiry has been launched into the matter. With the month Ramzan starting on 25 April, people must offer Namaz and have Sehri at home.”

An activist said the cops may now say they were confused between ‘azaan’, and ‘namaz’. Perhaps the two policemen should have just stopped talking for a moment and listened to what the women were trying to tell them in the first place. After all, in the midst of the Covid19 lockdown Delhi Police does want to be known as “Dill Ki Police” https://twitter.com/DelhiPolice or is that a pun (un)intended? 

The post How did two Delhi Policemen decide to ‘ban’ azaan on their own? appeared first on SabrangIndia.