Azan cannot be disturbed if within legal decibel limits: Madras HC

The First Bench of the Madras High Court today passed an interim order partly allowing a prayer to restrain state authorities from confiscating sound emission systems used by mosques in the Pollachi area to call the faithful for prayer i.e. the azan..A writ petition had been filed by N Shaw Nawaz Khan, president of Pollachi Aikkiya Jamath challenging such confiscation by police authorities in Coimbatore..The sound systems had been seized by the authorities, which relied on orders passed in the case of S Kumaravelu v The Home Secretary. In this case, the Madras High Court had ruled that as per the In re: Noise Pollution case of 2005, sound amplifiers and like systems cannot be used in violation of the Noise Pollution (Regulation and Control) Rules, 2000..On the law laid down by these decisions, it had been submitted in the writ petition,.“…it is crystal clear that only after subjectively satisfying itself that the emission of sound is beyond permissible limits, the law enforcing agency shall initial action to seize such equipments.”.Khan averred that the impugned seizure was carried out without examining whether the sound systems were being operated beyond the legal limits set by the Noise Pollution Rules..It was argued that pursuant to court directions, measures had been taken to ensure that the sound emitted for azan was within the prescribed decibel levels. Sound experts had also been consulted to adjust the sound emission to permissible limits..It was submitted that the act of seizing the sound equipment was arbitrary and illegal “for the sole reason that the loud speakers were not checked as to whether the emission of sound is beyond the permissible limits as mandated under the rules.”.Therefore, it was prayed that the Court restrain state seizure of sound emission systems belonging to Mosques in the absence of prior examination of decibel levels. It was further prayed that the authorities be restrained from interfering, disturbing or infringing the rights of the Mosques to call for prayer five times daily, within the prescribed legal limits, as part of essential religious practice..The Court agreed with the petitioner that,.“There can be no doubt that freedom of religion is a fundamental right and religious practices that do not contravene the laws of the land ought to not generally be interfered with…The custom of calling the faithful for prayers five time a day which has long been in existence has become an essential part of the religious practice in Mosques.”.However, it was that the petitioner had not submitted details as regards specific seizures of sound systems operating within legal decibel levels. Therefore, the Court held that a blanket order as prayed for would not be appropriate..The Court instead gave liberty to file individual challenges to specific wrongful seizures of sound equipment on grounds of such illegality. Affidavits disclosing details regarding the same were ordered to be submitted by September 1. .The matter is posted for further hearing on September 4..Read copy of Writ Petition here.