Source: Allahabad High Court 

Why in News? 

Recently, the bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh has held that religious practices should not infringe on public peace and comfort. 

• The Allahabad High Court held in the matter of Mukhtiyar Ahmad v. State of Up And 6 Others (2025). 

What was the Background of Mukhtiyar Ahmad v. State of Up And 6 Others Case?  

• The legal dispute centers on the use of loudspeakers in religious places, specifically mosques, and the right to use amplification devices during religious practices.  
• The case involves the recitation of Azan (Islamic call to prayer). 
• Previously, the Allahabad High Court had recognized Azan as an integral part of Islamic religious practice. 
• In May 2020, the court allowed Muezzins to recite Azan during COVID-19 lockdown. 
• However, the court strictly prohibited the use of microphones and loudspeakers. 
• The court emphasized that Azan can be recited using human voice without amplification. 
• Mukhtiyar Ahmad (Petitioner) filed a writ petition seeking permission to install loudspeakers on a mosque. 
• The petitioner lacked legal standing (locus standi) as he was neither the mosque administrator nor the mosque owner. 
• The state challenged the petition's maintainability due to the petitioner's lack of legal rights. 
• The court found merit in the state's objection and dismissed the petition. 

What were the Court’s Observations? 

• The Allahabad High Court made the following observations as: 
  • Religious Places Purpose: 
    • Primarily for offering prayers to divinity. 
    • Use of loudspeakers cannot be claimed as an absolute right. 
  • Legal Standing: 
    • Petitioner lacks locus standi (legal right to file the petition). 
    • Not the mosque's administrator or owner. 
  • Loudspeaker Usage: 
    • Azan is an integral part of Islamic practice. 
    • However, using microphones and loudspeakers is NOT an essential religious practice. 
    • Azan can be recited by human voice without amplification devices. 
  • Broader Perspective: 
    • Loudspeaker use potentially creates public nuisance. 
    • The court is cautious about potential communal harmony disruptions. 
    • Emphasize minimizing noise pollution in religious practices. 
  • Consistent Judicial Stance: 
    • In May 2022, the court settled that loudspeaker use is not a fundamental right. 
    • Dismissed contempt pleas related to loudspeaker usage, viewing them as potentially politically motivated 
• The Allahabad High Court ultimately dismissed the writ petition, reinforcing that religious practices should not infringe on public peace and comfort. 

What is Article 25 of the Constitution of India? 

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion  

• Fundamental Right Enshrined: Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.  
• The implications of this are:  
  • Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.  
  • Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.  
  • Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.  
  • Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.  
• Scope:  
  • Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).  
  • Moreover, these rights are available to all persons—citizens as well as non-citizens.  
• Restrictions:  
  • These rights are subject to public order, morality, health and other provisions relating to fundamental rights.  
  • The State is permitted to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.