GULAM ABBAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Miscellaneous Petition for directions is an off-shoot of this Court's decision in the main Writ Petition No. 4675 of 1978, rendered on November 3, 1981: (reported in AIR 1981 SC 2198), in a dispute inter se between the members of the Shia and Sunni sects of Muslims of Varanasi, pertaining to the performance of religious rites, practices and observances by members of Shia sect on certain plots and properties situated in Mohalla Doshipura, Varanasi. The final result in that matter was expressed by this Court in these terms :

(2.) Notwithstanding the aforesaid clear and categorical decision of this Court it appears that during the two Moharram festivals that were to be celebrated in December 1981 and October 1982, grave apprehensions of breach of peace and break-down of public order were. entertained by members of the Shia community and, on each occasion directions were required to be given by this Court with a view to ensure that all the ceremonies at the festivals went off smoothly and peacefully and notwithstanding the directions issued by this Court on the occasion of the 1981 festival some ugly incidents of violence, stone-throwing, hurling of acid bulbs / bottles, etc., did occur in respect whereof contempt proceedings were required to be taken and criminal cases are pending. It may also be stated that on the occasion of Barawafat ceremony which was desired to be performed by the Shias on 9-1-1982, the Sunnis also wanted to have their. Chaddar function and reading of Fathia on the grave and, therefore, this. Court with a view to avoid any possible breach of peace had to direct that only Shias would be allowed to perform their ceremonies and the Sunnis were restrained from performing Chaddar ceremony and reading of Fathia at the graves on 9-1-1982 and it was made, clear that this arrangement was without prejudice to the contention of Sunnis with regard to their above function which would be decided later on. On the occasion of 1982 Moharram festival this Court was required to pass an order on 4th October, 1982 that Chaddar function and reading of Fathia at the graves will not be permitted to be done or performed by the Sunnis on those dates on which the Shias were going to have their functions with a view to avoid clash between the two communities; by way of further clarification this Court on November 16, 1982, gave a further direction that the grave of Maulana Hakim Badruddin on plot No. 602/1133 abutting on the road would be the venue for the Sunnis to perform on that grave the Chaddar function and reading of Fathia between stated hours (8 a. m. to 1 p.m.) on 19th, 20th and 21st November, 1982 and that the Sunnis will have access to that grave only from the public road and the District Magistrate was directed to cordon off the area and make necessary security arrangements during those functions on the aforesaid dates and time at the cost of Sunnis. We are referring to these events that have transpired since after the rendering of our main decision in Writ Petition No. 4675 of 1978 : (reported in AIR 1981 SC 2198) because they clearly suggest that some permanent solution of this perennial conflict between the two sects over the performance of their religious ceremonies and functions is desirable so that their religious ceremonies and functions could be performed in future without any violence, breach of peace and disturbance of public order.

(3.) With the aforesaid in view by our order dated 4th October, 1982 we appointed a Committee of seven persons consisting of three nominees of the Shias, three nominees of the Sunnis under the Chairmanship of the Divisional Commissioner of Varanasi (present incumbent Shri S. M. Mukherjee) for going into and submitting its report to us on two questions :