ORDER :- This Miscellaneous Petition for directions is an off-shoot of this Courts 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 :

"In the result we hold that the petitioners and through them the Shia community of Mohalla Doshipura, Varanasi, have established their religious rites, practices, observances, ceremonies and functions minus the recitation and utterance of Tabarra (detailed in the writ petition) over the plots and structures in question and respondents 5 and 6 and the Sunni community of Mohalla Doshipura are permanently restrained by an injunction from interfering with the exercise of said rights in any manner by the petitioners or members of Shia community and respondents 1 to 4, particularly the executive magistracy Varanasi is directed, if action under Section 144, Cr. P. C. is required to be taken, to issue their orders under the said provision having regard to the principles and the guidelines indicated in that behalf in this judgment."

So far as the members of the Sunni community are concerned, in view of the ultimate decisions rendered in two earlier suits (Suit No. 424 of 1931 and Suit No. 232 of 1934), this Court found that all the rights which. the Sunnis had claimed in those representative litigations stood finally negatived except for one religious practice for which some liberty was reserved to them. To recapitulate the precise liberty reserved to them, it needs to be stated that in Suit No. 424 of 1931 there was a prayer for actual removal of graves, if any, found on plot No. 602/1133, that the evidence clearly showed that there was only one old grave of Maulana Hakim Badruddin situated on the southern side of the said plot existing since 1307 Hazri and-it was with regard to this grave that the Court had observed that it would be a bit improper that the soul of the dead be stirred and the defendants be ordered to remove the same and they (Sunni Muslims) were given liberty to read Fathia over that grave but what is significant is that the Court issued permanent injunction restraining the defendats and through them the Muslims of Varanasi (in fact the Sunni Muslims) from using the plot in future as burial ground. Even the liberty to read Fathia over the grave of Maulana Hakim Badruddin was to be exercised with due regard to the rights of the Maharaja. In other words, excepting this liberty to read Fathia over the grave of Maulana Hakim Badruddin the Sunni Muslims did not have any other rights over the plot in question. All other rights in regard to performance of religious rites, practices and observances over the other plots or structures thereon were negatived in Suit No. 232 of 1934. It is obvious that their rights cannot be enlarged or reduced in these proceedings. However, as regards the mosque standing on plot No. 246 is concerned this Court clarified the position that it belonged. to both the communities and members of both were entitled, to. perform their worship by offering prayers and namaz therein.

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,