BADI MASJID TRUST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Writ Petitions are filed under Article 226 of the Constitution of India. Petitioner No.1 in Writ Petition No. 3123/2011 is a Registered Public Trust bearing No. B 32(N) 1961, which has majority of Muslim community as its members. Petitioner No.2 is resident of Mominpura area since birth where the said Masjid of petitioner no.1 is situated. The petitioners seek relief from indefinite curfew imposed in the Mominpura area because of burial of one Mohd. Mustafa Mohd. Ansari , popularly known as Baba in the premises of respondent no.6 Central Tanzim Committee (hereinafter referred to as CTC for short) . They contend that because of this, education of about 7000 to 8000 students studying in 15 to 20 schools and junior colleges within the said area is disturbed. It is also alleged that the religious sentiments of muslim community who offer their prayers in 5 6 masjids located in the area are also hurt and livelihood of several others who earn it by carrying small trades, has been adversely affected. Claim is that the curfew has affected about 3 lacs of people directly or indirectly. The Baba in relation to whose burial controversy has arisen was a revered figure. He is referred to as Late Baba in the body of this petition.

(2.) Respondent no.1 before us is the State of Maharashtra, through its Secretary, Urban Development Department. Respondent no.2 is Collector and District Magistrate of Nagpur; Respondent no.4 is Commissioner of Nagpur and Respondent no.5 is Station House Officer of concerned police station. Respondent no.3 is Nagpur Municipal Corporation. Respondent nos. 6 to 9 have been added later on. Respondent no.6 is Central Tanzim Committee (CTC), within whose premises the body of lt. Baba has been buried. Respondent nos. 7 to 9 are the persons whose names were disclosed by the office of the Police Commissioner at first hearing before this Court, as persons who may want to oppose the petition and petitioners in Writ Petition No.3123/2011 impleaded them accordingly.

(3.) Civil Application No. 1677 of 2011 has been filed by two residents of Mominpura to direct the Authorities to remove the encroachment from play ground of the school and to perform honourable burial of lt. Baba at a place earmarked as muslim Kabrastan by Nagpur Municipal Corporation.