Afzal Ansari, the BSP MP representing the Ghazipur constituency in eastern Uttar Pradesh has written to the Chief Justice of UP High Court to allow Azaan by Muazzin from mosques of District of Ghazipur.
Afzal Ansari has prayed that his letter be treated as PIL and necessary orders maybe passed on urgent basis to restore and protect the Fundamental Rights of citizens of his constituency.
In his letter, the MP Has mentioned that he is confined to his residence in New Delhi. It is his duty to hear grievances of the electorate. The letter has been addressed by him on behalf of his electorate for enforcement of Fundamental Rights emanating from Article 14,21, 25 of the Constitution of India.
The Court is aware that there is lockdown in entire country since March 23 and everyone is sincerely following guidelines of lockdown issued by Central or State Government. As per guidelines by Government, prayers and gathering in the Mosque or any other religious places were prohibited and it was accepted by everyone. Since March 23, five times prayers(Namaz) are not being offered at any Mosques “Masjid”, however, simply Azaan was allowed in every Mosque throughout State of UP and other parts of country.
However, suddenly from 24th April onward, even “Azaan” from Mosque is prohibited by local Administration and Police. When people asked for written order, Police said they have only got oral order from District Magistrate of Ghazipur, UP and if anyone dared to make “Azan” from mosque, he would be booked under “National Security Act.”
Several FIR’s have been lodged against some Imams of the Mosque without any rhythm or reason.
He further states in the letter that people of Ghazipur constituency have contacted him and demanded help against this draconian action. MP has tried to contact several authorities including District Magistrate and Superintendent of Police. There is no response by them and everyone is talking about some oral order but its source and authority is not disclosed. No written order for banning Azaan is being shown. Mr. Afzal Ansari, MP also writes that he has exhausted all remedies but U.P. Administration is hell bent and not hearing anything.
The Court is aware that Ramadan is the month of prayers and people pray for love, peace, prosperity and universal brotherhood. This time everyone has decided to pray from their respective homes. However, the “five” time Azaan is given to alert people about time of prayer especially the time of SAHREE and IFTAR. In most of district of UP there appears to be a no ban order.
-India Legal Bureau