GULAM ABBAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By these CMPs the petitioners and through them members of the Shia community of Doshipura, Varanasi are seeking implementation of this Court's order dated 23rd September 1983 : (reported in AIR 1983 SC 1268) in the matter of shifting of the two graves of Lal Mohammad and Smt. Sakma and enclosing the open space in the remaining 8 plots (except plot No. 246 on which the mosque stands) by erecting a compound wall.

(2.) With a view to find an effective permanent solution to the perennial problem of recurring ugly incidents of violence and vandalism disturbing public order that prevented the peaceful performance of their relegious rituals, rites and practices by members of the Shia community over the 8 plots in question (except plot No. 246 on which the mosque stands) and the structures standing thereon during the yearly Moharram festivals this Court by its order dated 23rd of September 1983 gave appropriate directions in the matter of

(3.) We would like to reiterate our view that the Court has ample powers to direct the shifting of any graves, in the larger public interest and no bar to such shifting could be spelt out legally, constitutionally or in the name of religion and having regard to the past history about the manner in which the members of the Sunni community have behaved and conducted themselves we are of the confirmed view that, the effective solution to the perennial problem in question would be the implementation of the aforesaid orders.