G.N.RAY, K.VENKATASWAMI
Saved Ashrafhussain – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :- Two writ petitions namely W.P. No. 1736/82 and W.P. No. 144/80 were filed before the Lucknow Bench of the Allahabad High Court by Ashraf Hussain and others. The High Court has observed in disposing of the writ petitions that the writ petitioners filed the writ petitions in their individual capacity and not representing the Shia community. The correctness of such observation has been seriously disputed by the learned counsel for the appellant. It is not necessary for us to make any observation whether writ petition was filed by same members of the Shia community or the same was made in representative capacity. It appears that the High Court has not interfered in the writ petition by indicating that existence of certain rights claimed by the Shia community as indicated in the writ petitions were not admitted by the respondents. The High Court, therefore, was of the view that such disputed questions should not be gone into in the writ petitions. The High Court, however, observed that the matter was very sensitive and suitable orders were required to be passed by the Government so that harmony is maintained in the society. We do not think that interference against such orde
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