Case Summary: Abdul Baqi vs Chaitanya Swarup

Author : Neha Singh

Citation: AIR 1971 All 328

Bench: Justice S Katju

INTRODUCTION

In this case restriction on entry into a mosque was imposed but at no point did the Government or the police authorities either expressly or impliedly make an order allowing entry in the mosque to the general Muslim public. Although the mosque was built in a private property by government but it has not acquired the character of a public mosque in which very Muslim in general can claim unrestricted entry.

Facts:

This is a plaintiffs’ appeal arising out of a suit for perpetual injunction restraining the respondents from obstructing the appellants in offering their daily prayers, Juma prayers, reading Taraveeh, Janaza prayers and holding annual Milad in the mosque in dispute which is situate within the enclosed compound of the police lines, Azamgarh. The appellants have contended that the mosque is a public mosque and since its construction the Muslims in general have been offering their prayers and performing their religious rites therein and the mosque is a waqf property and the Muslim public has a legal right to go to the mosque for performing their religious rites. The appellants further contended that the respondents have obstructed the Muslim public from entering the mosque and hence the suit in appeal.

Issues: 

1. Whether the mosque is meant only for the Muslim personnel of the Police Lines, Azamgarh and in which every Muslim in general can claim unrestricted entry?

Judgement:  The appeal was dismissed.