ABDUL JALIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Brief reasons for the dismissal of these writ petitions are:

(2.) At the outset we would like to observe that such a great concern about preserving their fundamental rights under Arts. 25 and 26 of the Constitution and the meticulous anxiety to have least interference with their religious practice of respecting their dead sounds ironical when the petitioners who constitute a majority sect of Sunni Muslims of Varanasi had done their best during the hearing of the main writ petition No. 4675 of 1978 to defeat and deny similar rights under Articles 25 and 26 of the Constitution to the Shia Muslims of Varanasi, who constitute a small minority pertaining to the performance of their religious ceremonies and functions on the plots in question and when, even after this Court decided the matter in favour of Shias, they have been violently interfering with their performance of religious ceremonies and functions by indulging in stone-throwing hurling of acid bulbs / bottles, damaging and destroying their property (these ugly incidents of violence that occurred during the two Moharram festivals celebrated in December, 1981 and October, 1982 have been referred to by us in our order dated 23rd September, 1983).

(3.) Furthermore, all the aforesaid aspects now put forward by counsel for the petitioners were taken into consideration by this Court when the order dated 23rd September, 1983 was passed and there is no substance in any of these contentions.