These two cases arise out of the order passed by the Executive Magistrate, Androth, in M.C. No. 1/1986. Crl.M.C. No. 42 of 1987 is filed by one of the members of the B party, whereas Crl.R.P. No. 10 of 1987 is filed by the A party members 1 to 6, 8 and 9.

2. The Crl.M.C. 1/1986 was initiated on the basis of a report submitted by the S.I. of Police, Androth under S. 145, Cr.P.C.

3. It is convenient to state here briefly the facts that gave rise to the dispute between the parties. A party alleged that members of B party are followers of Shamsiya Thareeqath and that many of their beliefs and rituals are opposed to the tenets of Islam and consequently they are out of the fold of Islam.

The Jamaat Committee of Androth decided to ex-communicate the members of the B party and passed a resolution ex-communicating them and on the basis of the said resolution, the Khasi of Androth Island proclaimed their ex-communication and declared that they had no right to enter the Islamic Public Institutions such as Mosques, Madrassas etc. The members of the B party who belonged to Samsiya Thareeqath resisted the attempt of A party members to prevent them from entering the mosque. This gave