The central legal point established in the judgment is the fundamental right to practice religion freely, including the right to bury dead bodies in accordance with religious rites, and the duty of the majority community to protect the minorities and maintain public order.

Markandey Katju, C J.

Heard learned counsel for the petitioner Mr.A.Sirajuddin, and learned Government Pleader for respondents 1 to 4 and perused the record. This writ petition was admitted by the Court on 07.04.1998. On that date learned Public Prosecutor accepted notice on behalf of respondents 1 to 4. Notice was issued to respondent - 5, and it was served on him on 19.03.2001. However, none has appeared for respondent – 5.

2. By means of this writ petition the petitioner, who is a Muslim, has prayed for the issuance of a writ of mandamus directing the respondents 1 to 4 to give adequate security to the Muslims of Balasamudram village in Dindigul District while they take out the dead bodies to their graveyard in the said village in S.No.53/1 in accordance with the agreement piloted by the fourth respondent dated 25.1.1998 between the Muslims and Harijans of Balasamudram village.

3. The petitioner has alleged that there are about 2000 Muslims living in the said village and they have only one graveyard mentioned above. To reach the graveyard there are only two roads for the village Muslims, one is Kottai Kaliamman Street, and another is Manukal Street. It is alleged that the Kottai Kaliamman Street is the shortest route through which the Muslims of that village have been traditionally taking the dead bodies to the burial ground.

4. It is alleged in paragraph 4 of the petitioner’s affidavit that in April 1997 some local Harijans attempted to put up an arch in Kottai Kaliamman Street. The local Muslims objected to that since that would prevent them from taking the dead bodies to the graveyard. They sent objections to the District Collector on 8.4.1997. When the local Harijans proceeded with the construction of the arch the local Muslims sent objections to the Special Officer of the Panchayat of Balasamudram on 23.5.1997. On 27.5.1997 at the instance of the local police a compromise was arrived at between the two communities. As per the compromise, the construction of the arch was permitted, but the Harijans permitted the local Muslims to use the Kottai Kaliamman Street as usual, but during the temple festival it was agreed that Muslims should take the dead bodies through Mandukal street.

5. However it is alleged in paragraph – 7 of the petitioner’s affidavit that in breach of that agreement the local Harijans have tried to put up an iron gate also in the arch with an intention to prevent the Muslims from taking their coffins through the Kottai Kaliamman Street. The Wakf Superintendent on 22.11.1997 gave a complaint to the District Collector, Dindigul complaining about the occurrences and violation of the rights of the Muslims. It is also alleged in paragraph – 7 of the affidavit that the local Harijans prevented the Muslims from taking the dead bodies through the Kottai Kaliamman Street, and hence, they also lodged a report to the Balasamudram Panchayat Special Officer and Tahsildar, Palani, on 27.11.1997. They also lodged a report with the Sub-Inspector of Police, Palani Taluk Police Station on 18.12.1997. Thereafter on 8.1.1998 a peace meeting of the two communities was organised by the Revenue Divisional Officer, Palani. It is alleged that in the peace meeting on 12.1.1998 a compromise was arrived at whereby it was agreed to take the dead bodies through Kamarajar colony road and near Sulian house through the Kottai Kaliamman Street. Thus the route was modified and the people of both communities signed that agreement. Thereafter a fresh agreement was entered into on 27.1.1998 and the Muslims of the village were requested to use Mandukal road and the Harijans were obliged to keep the route free from any obstruction. The Muslims were permitted to put up an arch in the Mandukal road, but it is alleged that the people in that area objected to that and prevented the Muslims from putting up the arch and taking the dead bodies.

6. It is alleged that the fifth respondent was acting as a champion of the local Harijans and wa