PIL No. 570/2020
This case was instituted as a result of a batch of PILs and letter which were filed with the High Court. It was against Azan recitals being restricted during lockdown. The petitioners had asked for recitals using amplifying devices through Muezzin.
Whether order restrciting recitation thriugh amplifying devices violates rights under Article 25 of the Constitution. Whether Azan by Muezzin violates orders of containment issued by the Government, in light of the pandemic.
It was observed by the court that religion or religious sect cannot claim that using loudspeakers for worship is an essential part of that particular religion. The bench held that it does not form of fundamental rights under Artcle 25. It also said that Government hasn't provided an explanation that reciting Azan violated lockdown.
Recital of Azan is an integral part of the Islamic religion, so the court allowed recital of Azan by the Muezzins during Lockdown. However, the court said that use of microphone and loud-speakers is not an essential and an integral part of the religion. The bench said that Azan can be recited by Muezzin from minarets of the Mosques by human voice without using amplifying device.
Order 33 of the Civil Procedure Code, Section 18 and 20 of the Hindu Adoption and Maintenance Act.
Section 40 in The Indian Stamp Act, 1899 Section 39 in The Indian Stamp Act, 1899 Section 38 in The Indian Stamp Act, 1899 Section 33 in The Indian Stamp Act, 1899 Section 35 in The Indian Stamp Act, 1899 Section 13 in The Indian Stamp Act, 1899 Section 11 in The Indian Stamp Act, 1899 Section 332 in The Indian Succession Act, 1925 Section 331 in The Indian Succession Act, 1925