The Madhya Pradesh High Court has recently issued a notice to the Ministry of Defence, seeking a clear explanation regarding claims that Muslim civilians are being prevented from offering prayers at Masjid Noor, located behind defence land in Jabalpur.
Background of the Case
A Public Interest Litigation (PIL) was filed by the Secretary of the Management Committee Masjid Noor before the Madhya Pradesh High Court. The PIL highlights that civilians, especially from the Muslim community, have been stopped from offering prayers at Masjid Noor, situated at Old Grant B-3, land behind Controller of Defence Account (CDA), Ridge Road, Jabalpur.
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Masjid Noor has been used as a place of worship since 1918 by both civilians and armed forces personnel. It is recognized as a "waqf by use" under Section 3 of the Waqf Act, 1995, which protects such religious usage by the public.
“The said respondents shall apprise 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.),”
— Division Bench: Chief Justice Suresh Kumar Kait and Justice Vivek Jain
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The petitioner claims that no prior restriction had ever been imposed on Muslim civilians regarding prayer at Masjid Noor. However, a sudden oral directive by Respondent No. 4 (Station Commander) has stopped civilians from offering prayers. This move is being seen as a violation of fundamental rights, particularly the freedom of religion guaranteed under the Indian Constitution.
The counsel for the petitioner, Shri Saurabh Sunder, highlighted that this unauthorized restriction is causing immense hardship to the community. A representation was submitted to Respondent No. 3 (General Officer Commanding, Madhya Bharat Area) and Respondent No. 7 (Defence Estate Officer), yet no action was taken.
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When the petitioner tried to personally deliver a copy of the grievance to Respondent No. 4, it was outright refused, showing a lack of willingness to engage or address the issue.
“The petitioner, being aggrieved by the said inaction, submitted a representation… 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.”
— Excerpt from the PIL
The matter was heard by the Division Bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain. During the hearing dated April 1, 2025, the court issued notices and directed all concerned respondents to submit a formal affidavit explaining:
- Whether civilian public is allowed to offer prayers at temples and churches on the same land.
- Why the Muslim community alone is being stopped from praying at Masjid Noor.
- Shri Saurabh Sunder appeared for the petitioner.
- Shri Ishan Soni represented Respondents No. 1 to 6 and 8.
- Shri Manhar Dixit appeared for Respondent No. 7.
“On taking steps, let notice be issued to Respondent No. 7. List after two weeks.”
— Court Direction, Order dated 01-04-2025
The High Court will revisit the matter in two weeks, expecting the Ministry of Defence and other authorities to justify the selective restrictions and ensure compliance with the constitutional rights of religious freedom.
The matter is listed after two weeks.
Case Title: Masjid Noor Vs Union Of India And Others, WP No. 10096 Of 2025
