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1984 Supreme(SC) 285

V.D.TULZAPURKAR, D.A.DESAI, A.P.SEN
Gulam Abbas – Appellant
Versus
State Of U. P. – Respondent


ORDER

1. Since the ensuing Muharram festival this year shall commence from October 6, 1984 and little time is left for undertaking and completing the shifting operation qua the two graves of Lal Mohd. and Smt. Sakina before that date and also as an experimental measure we give the following directions that will be operative during the 58 days of ensuing festival with a view to ensure the peaceful performance of their religious, rites rituals and observances by members of Shia community over the remaining 8 plots in question and the structures standing thereon without any hindrance or obstruction from anyone belonging to the Sunni, community :

(1) That the grave of Hakim Badruddin shall be cordoned off by barbed fencing on three sides with access thereto only from the road lying on its west and members of Sunni community will be permitted to perform two rituals, namely, recitation of Fathia and laying Chaddar at that grave on specified dates only, such dates to be fixed by the District Magistrate, Varanasi as will not conflict with the performance of the religious rituals, rites and practices by members of Shia community over the said plots and structures thereon during the Muharram f






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