The main legal point established is the protection of fundamental rights related to religion and the prohibition of discrimination based on religion under the Constitution of India.

JUDGMENT :

S.R. Sen, J.

Heard Mr. H.S. Thangkhiew, learned Sr. counsel and Mr. T.T. Diengdoh, learned Sr. counsel assisted by Ms. A. Thangkhiew, learned counsel on behalf of the petitioner. Also heard Mr. K. Sunar, learned counsel on behalf of the respondents.

Both the petitioner as well as the respondents are present before the Court today.

2. The petitioner's case in a nutshell is that:

"The right to profess and practice religion of their choice is one of the most cherished fundamental rights and is enshrined in Articles 25 and 26 of the Constitution. This fundamental right extends to matters of opinion, doctrine or belief and also to outward expression of these opinion, doctrine and belief. Religious practices or performance of acts in pursuance of religion are as much a part of religion as faith or belief in particular doctrines. Thus if the tenets of a religion lays down that certain rites and ceremonies are to be performed at certain times and in a particular manner, such religious rites and practices are also covered within the rights guaranteed under Articles 25 and 26 of the Constitution. Among the followers of Niam Khasi religious faith, like the Hindus, disposal of the dead is effected by cremation. Among Muslims, Jews and Christians, it is done by burial. Right to dispose of dead bodies in a particular manner with particular rites in consecrated places is part and parcel of a religion and is protected in the penumbra of the right to profess and practice one's religion.

The residents of Mylliem belonging to Niam Khasi religious faith were all these years facing great difficulty in cremating the dead because there was no cremation ground and no cremation facilities for them in Mylliem. They faced great difficulties because of denial of a cremation place in the village. The village authorities and other village people did not allow cremation to take place and the dead bodies had to be taken to some other place at considerable distance to complete the last rites. In the past 6 Seng Khasi families even buried their dead instead of cremating. As there was a genuine need for a cremation ground, the petitioner as far back as in the year 2000 by letter dated 12th October, 2000 had prayed before the Headman and Durbar of Syllai U Lor, Mylliem for a space for cremation in the common village land which was also used for burial. However, this was rejected without any reason being ascribed by the village authorities by letter dated 21.11.2000.

Faced with the scenario the members of the Seng Khasi Mylliem prayed before the Durbar U Lyngdoh Raid Mylliem (durbar of local priest of Mylliem area) for a small piece of land to perform the cremation and to construct a "Kpep Thangbriew" (Crematorium). Thereafter, "Durbar of Ki Bakhraw na U San Kur Khatwei Kurka Raid Mylliem" (the Durbar of the Elders/Nobles of 5 and 11 clans of Mylliem Area) was pleased to allot a plot of land measuring 30 Ft. X 30 Ft. Vide a document dated 10.07.2010 for construction of a crematorium. This settlement and allocation was confirmed and recognized by the Syiem of Mylliem who issued a certificate dated 10.07.2014. The said plot of land is Raid Land, controlled and owned by "Durbar of Ki Bakhraw na U San Kur Khatwei Kurka Raid Mylliem" and is at a distance of about 2 KMs from the residential areas.

The followers of Niam Khasi faith in Mylliem area under the aegis of the Seng Khasi Mylliem then started mobilizing their meagre resources to start this construction and finally it was decided to lay the foundation stone and to perform rituals on the piece of land on 24.09.2016. On the said day when the members of Niam Khasi faith were getting ready to perform the rituals and to unveil the foundation stone the respondent No. 1 to 4 along with a mob of people numbering about 50, all of them Christians, came and abused the people congregated there and apart from issuing