JAIPUR — The Association for Protection of Civil Rights (APCR), Rajasthan Chapter, has released a fact-finding report alleging serious procedural lapses in administrative action against mosques, madrasas, eidgahs, dargahs, graveyards and other Muslim religious sites in Rajasthan’s border districts.
Titled “Notices, Faith and Justice”, the report examines recent proceedings in Barmer, Jaisalmer and Bikaner, where authorities have issued notices and, in several cases, carried out demolitions of Muslim religious structures. The findings are based on field visits, interactions with residents, mosque management committees, lawyers and public representatives, as well as an examination of official records.
According to the report, the administrative action was not limited to a few isolated structures but reflected a broader pattern affecting Muslim religious institutions across Rajasthan’s border districts. It notes that notices were issued under various provisions of the Rajasthan Land Revenue Act, 1956, the Rajasthan Panchayati Raj Rules, 1996, the Rajasthan Colonisation Act, 1954, and the Rajasthan Land Revenue (Eviction of Unauthorised Occupants) Act, 1975. Some notices also warned of civil imprisonment of up to three months and financial penalties for alleged unauthorised occupation.
The report questions whether authorities followed the principles of natural justice while initiating proceedings. It says that in several cases, notices were served days after the date mentioned on them, leaving those affected with only one to three days to respond or seek legal assistance before action was initiated.
According to the fact-finding team, six mosques in Barmer, two mosques and several mazars in Jaisalmer, and one mosque along with two mazars in Bikaner have already been demolished. Proceedings for eviction or demolition remain pending in several other cases, while many disputes are currently being heard by courts.
The report also notes that the legal status of the land differs from one case to another, including grazing land, oran land, khatedari land, allotted land and abadi land. It says discrepancies between historical colonisation records, revenue records and present-day land records make it necessary to examine each case individually rather than adopt a uniform administrative approach.
APCR further states that similar proceedings are either underway or proposed in other districts along Rajasthan’s international border, making the issue one of wider constitutional importance. While acknowledging the importance of national security and border management, the organisation argues that administrative action must remain consistent with constitutional guarantees, the rule of law and principles of natural justice.
The report raises several legal questions, including whether affected parties were given a meaningful opportunity to present their case, whether the procedure prescribed by law and Supreme Court guidelines was followed, whether authorities examined each case on its individual merits, and whether similar cases were treated uniformly.
Based on its findings, APCR has urged the Rajasthan government to refrain from taking irreversible action in cases pending before courts, ensure adequate notice and fair hearings before initiating proceedings, verify land and waqf records independently, and resolve disputes involving places of worship through dialogue, transparency and adherence to constitutional safeguards.
Releasing the report on Friday, the organisation said the exercise was not intended to support or oppose any particular community but to examine whether administrative action complied with constitutional principles, due process and the rule of law. It maintained that national security, civil rights and communal harmony can coexist when state action is carried out in accordance with established legal safeguards.
