SHAH ABDUL BAGI Vs. STATE OF U P

JUDGEMENT

(1.) For deciding the controversy referred by the learned single Judge about maintainability of the suit, it is necessary to state the relevant facts. These facts are :- Shah Abdul Bagi and four others, who were members of the Muslim community, have filed the present suit under O.1 R.8 of the Civil PC for injunction restraining the State of Uttar Pradesh, Senior Superintendent of Police, Allahabad and others from causing any interference or restraining the plaintiffs from entering into the mosque and offering their prayers through the main gate shown by letter 'M' in the map annexed to the plaint. This right of offering prayers was claimed by the plaintiffs in respect of a public mosque popularly known as "Masjid-E-Azam", situated in new Attarsuiya, Allahabad.

(2.) The plaintiffs claim that the public mosque exists since times immemorial and that the plaintiffs and other Muslims were offering prayers in the same, but by an unauthorised action, defendant 1, Sri J.M. Saxena, who was Deputy Superintendent of Police, had illegally closed the iron door by putting the lock resulting in restraining the plaintiffs and other Muslims from offering their prayers and as their fundamental right to worship had been infringed, they were entitled to the injunction in the terms mentioned above.

(3.) The suit was contested by defendants 1 to 3. They stated that as the plaintiffs had raised a wall 'adjacent to the 20' wide lane and tried to open a gate therein which was resented by the residents of the locality, therefore, the plaintiffs closed the walls themselves. There was no gate, according to the defendants, at place 'M'.