Madhya Pradesh HC Seeks Response From Defence Ministry Over Claims Of Muslim Civilians Being Stopped From Praying At Mosque Behind Defence Land

The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “The said respondents shall apprize this Court and file affidavit to this effect whether the civilian public is allowed to offer prayer in Temple and Church and why civilians of the Muslim community are not allowed to offer prayer in Masjid Noor, which is situated at Old Grant B-3, Land behind Controller of Defense Account (CDA), Ridge Road, Jabalpur (M.P.).”

The present public interest litigation was filed through the Secretary of the 'Management Committee Masjid Noor' aggrieved by inaction of the Respondents especially Respondent No. 4/Station Commander in not allowing the Petitioner and other civilians of Muslim Community to offer prayer in Masjid Noor situated behind Controller of Defense Account (CDA) Ridge Road, Jabalpur (M.P.).

Masjid Noor which is situated at Old Grant B-3 Land behind Controller of Defense Account (CDA), Ridge Road has been used since 1918 as a place of worship by civilians along with the members of the Armed Forces without there being any hindrance or restriction. The said Masjid Noor is a 'waqf by use' as defined under Section 3 of the Waqf Act, 1995'.

The counsel for the petitioner contended that there has been no hindrance/restriction by any authorities regarding the offering of a prayer by the civilians. However, suddenly, on an oral declaration by Respondent No. 4, the fundamental right to religion of the petitioner and civilians is being curtailed by restricting them from offering prayer in Masjid Noor.

The plea further alleged that the Petitioner, being aggrieved by the said inaction, submitted a representation to the Respondent No. 3/ General Officer Commanding, Madhya Bharat Area and Respondent No. 7/ Defense Estate Officer, raising the grievance. However, when the petitioner approached the office of Respondent No. 4 to submit a copy of the representation, he refused to accept the representation thus ignoring the hardships faced by the petitioner and Civilians of the Muslim Community.

The matter is listed after two weeks.

Case Title: Masjid Noor Vs Union Of India And Others, WP No. 10096 Of 2025

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