"Religious Rights Of Muslim Community Infringed": Allahabad High Court Orders To Stop Encroachments On Kabristan By Anti-social Elements
Every person has an equal and inalienable right to live peacefully, without fear of antisocial elements and to enjoy religious freedom, as every other citizen has an equal and inalienable right,' said the Allahabad High Court last week while issuing some directions in a plea seeking appropriate action against illegal invasion/damage to a Kabristan (Muslim graveyard) located in Uttar Pradesh's Kaushambi District.
The Bench of Justice Jayant Banerji and Justice Sanjay Yadav further observed that, Wherever the High Court has reason to believe that there is a threat to the fundamental and civil rights of people, Article 226 of the Indian Constitution confers ample powers to interfere and to give the required directions.
The petitioners submitted the instant public interest litigation seeking directions to the State of Uttar Pradesh, Ministry of Revenue Affairs, District Magistrate, Kaushambi & Sub Divisional Magistrate, Chayal, Kaushambi, to take the required action against the unlawful infringement/damage of respondent No. 4 to 8 and related persons against a particular Kabristan. A further prayer was made to request a mandamus to order the respondents not to interfere with the peaceful construction of the Kabristan's boundary wall. In the plea, it was claimed that the private respondents have opened the doors of their houses on the side of Kabristan and are using the middle of the Kabristan as a lane, and are now constructing a road in the middle of the town. the petitioners' demand was only that the villagers stop their movement over the Kabristan land and a boundary wall be made from the funds of the Government.
This Court is of the belief that the customary and religious rights of the Muslim community of village Boonda are being threatened and violated by the acts of certain persons intruding on the said kabristan.